Legal Opinion

Home Savings Bank v. Baer Properties, Ltd.

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

Decided March 3, 1983PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Casey, J.

On August 10, 1977, defendant Baer Properties, Ltd. (hereinafter Ltd.) through its president, Kenneth J. Baer, executed a bond (which he personally guaranteed) and a mortgage in the amount of $37,000 at 9%% interest for plaintiff Home Savings Bank of Upstate New York. The mortgage covered premises at 355-363 Broadway, Troy, *99New York, and contained a due-on-sale clause which provided: “That in the event of a sale or sales of the above granted premises while this mortgage shall remain a lien thereon, this mortgage and the bond, note or obligation which it secures…

2Cases cited3 opinions

  1. United States v. Security Industrial BankSupreme Court of the United States · 1982
  2. Mutual Real Estate Investment Trust v. Buffalo Savings BankNew York Supreme Court · 1977
  3. Ceravolo v. BucknerNew York Supreme Court · 1981

3Cited by8 opinions

  1. Stenger v. Great Southern Savings & Loan Ass'nMissouri Court of Appeals · 1984
  2. Viereck v. Peoples Savings & Loan Ass'nSupreme Court of Minnesota · 1984
  3. Tunnell Publishing Co. v. Straus Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Boyes v. Valley Bank of NevadaNevada Supreme Court · 1985
  5. Dupuis v. Yorkville Federal Savings & Loan Ass'nDistrict Court, S.D. New York · 1984

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