In re New York Title & Mortgage Co.

The petitioner is a trustee of a reorganized issue of mortgage certificates. An action is pending to foreclose the mortgage securing the issue, which mortgage is now held by the petitioner. Part of the mortgage is represented by outstanding certificates and part represents an unsold portion belonging to the Superintendent of Insurance, as liquidator of New York Title and Mortgage Company. No certificates were issued for such unsold portion. The petitioner seeks, among other things, permission to join the liquidator as a defendant in the foreclosure action (1) in order to determine therein…