V.R.W., Inc. v. Klein
New York Court of Appeals
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
- Hiles v. . FisherNew York Court of Appeals · 1895
- Bertles v. . NunanNew York Court of Appeals · 1883
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Kahn v. KahnNew York Court of Appeals · 1977
- In Re the Transfer Tax Upon the Estate of KlatzlNew York Court of Appeals · 1915
19 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Coraccio v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1993
- Taub v. Taub (In Re Taub)United States Bankruptcy Court, E.D. New York · 2010
- Goldman v. GoldmanNew York Court of Appeals · 2000
- Salatino v. SalatinoAppellate Division of the Supreme Court of the State of New York · 2009
- 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.