Legal Opinion

V.R.W., Inc. v. Klein

New York Court of Appeals

Decided December 19, 1986PublishedCited by 76 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

This appeal requires us to consider the nature of the property interest obtained by a mortgagee who has accepted a mortgage which is effective as to only one spouse’s interest in a tenancy by the entirety. While we have previously held that upon foreclosure the mortgagee in this situation acquires the rights of a tenant in common subject to the husband and wife’s reciprocal rights of survivorship, we have not before had the opportunity to decide whether the mortgagee’s rights are affected by a subsequent divorce between the husband and wife, which, by operation…

2Cases cited24 opinions

  1. Hiles v. . FisherNew York Court of Appeals · 1895
  2. Bertles v. . NunanNew York Court of Appeals · 1883
  3. Stelz v. . ShreckNew York Court of Appeals · 1891
  4. Kahn v. KahnNew York Court of Appeals · 1977
  5. In Re the Transfer Tax Upon the Estate of KlatzlNew York Court of Appeals · 1915

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3Cited by76 opinions

  1. Coraccio v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1993
  2. Taub v. Taub (In Re Taub)United States Bankruptcy Court, E.D. New York · 2010
  3. Goldman v. GoldmanNew York Court of Appeals · 2000
  4. Salatino v. SalatinoAppellate Division of the Supreme Court of the State of New York · 2009
  5. Community National Bank & Trust Co. of New York v. Persky (In Re Persky)United States Bankruptcy Court, E.D. New York · 1991

71 more not listed; retrieve them via the Exa API.

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