Legal Opinion

In re Mortgage Commission

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

Decided February 18, 1946Published

1Per curiam

The liquidating dividend constituted part of the trust estate. The amended plan of reorganization and the declaration of trust are not substantially different from those under whose terms a similar dividend was declared to constitute trust property in Matter of People (Lawyers Westchester M. & T. Co) (288 N. Y. 40). The lien for “ expenses ” granted by section 24 of the Mortgage Commission Act (L. 1935, eh. 19, as amd.) extended, however, only to the “ property, bond or mortgage, or group thereof ”, as to which such expenses were incurred, and to “ the proceeds thereof.” As used in section 24…

2Cases cited3 opinions

  1. Matter of Bond Mortgage Guarantee Co.New York Court of Appeals · 1942
  2. Matter of People (Lawyers Westchester M. T. Co.)New York Court of Appeals · 1942
  3. In re the New York Title & Mortgage Co.New York Supreme Court · 1944

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