Legal Opinion

In re the Rehabilitation of Home Title Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1938PublishedCited by 5 opinions

1Opinion of the CourtClose, J.

In spite of the cross-appeals, the sole question presented is whether holders of mortgage certificates who have consented in a reorganization plan to a reduction of interest may under the circumstances of this case compel the guaranty company to pay the difference between the interest received from the mortgagor and the amount of interest specified in the certificates. The mortgage involved in this proceeding was in the face amount of $225,000, which was subsequently reduced to $200,000. Home Title Insurance Company, the mortgagee, sold certificates, of which $93,700 are now outstanding. The…

2Cases cited1 opinion

  1. Antisdel v. . WilliamsonNew York Court of Appeals · 1901

3Cited by5 opinions

  1. Coburn Corp. of America v. OrrCivil Court of the City of New York · 1969
  2. Hamberg v. Guaranteed Mortgage Co.New York Supreme Court · 1942
  3. In re Lawyers Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1943
  4. In re Lawyers Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1943
  5. In re Plan for the Readjustment of the Rights of the Holders of Mortgage Investments Guaranteed by New York Title, & Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1948

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