Katz v. Katz

This is an action to foreclose a mortgage.

The defendants William Klein and Maria M. Klein contest the plaintiff’s demand for a deficiency judgment against them.

Section 249 of the Beal Property Law provides: “A mortgage of real property does not imply a covenant for the payment of the sum intended to be secured; and where such covenant is not expressed in the mortgage, or a bond or other separate instrument to secure such *171payment has not been given, the remedies of the mortgagee are confined to the property mentioned in the mortgage. ’ ’

This provision relates to the clauses set forth in the…