Legal Opinion
Federal National Mortgage Ass'n v. Levine-Rodriguez
New York Supreme Court
Decided November 21, 1991PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Joan B. Lefkowitz, J.
Does a prior recorded mortgage that is improperly indexed by name of the mortgagor lose priority to a subsequent mortgage properly recorded and indexed where the subsequent mortgagee lacks actual knowledge of the prior mortgage *9at the time of making the subsequent one? This interesting issue is presented herein by the subsequent mortgagee’s motion addressed to the merits of the claim of the first mortgage.
In an action to foreclose a mortgage defendant Chemical Bank moves for an order dismissing the complaint as to it and, further, for declaratory…
2Cases cited14 opinions
- Andy Associates, Inc. v. Bankers Trust Co.New York Court of Appeals · 1979
- Buffalo Catholic Institute v. . BitterNew York Court of Appeals · 1881
- Mutual Life Ins. Co. of New York v. . DakeNew York Court of Appeals · 1881
- Baccari v. De SantiAppellate Division of the Supreme Court of the State of New York · 1979
- D'Alessandro v. Unemployment Insurance Appeal BoardAppellate Division of the Supreme Court of the State of New York · 1977
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Greenpoint Mortgage Funding, Inc. v. SchlossbergCourt of Appeals of Maryland · 2005
- V & D Realty USA Corp. v. Mitso Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Coco v. RanallettaNew York Supreme Court · 2001
- First National Bank v. RiccioAppellate Division of the Supreme Court of the State of New York · 1997
- William Court — White Hill Road Homeowners Ass'n v. New York State Commissioner of Mental Retardation & Developmental DisabilitiesNew York Supreme Court · 1994
1 more not listed; retrieve them via the Exa API.