Meyerson v. Werner

While I agree with all other parts of the majority’s decision, I am unable to accept their view that the conveyance of Whispering Pines should be considered a deed and not a mortgage. In working out the settlement agreement before the magistrate, the parties attempted to do precisely what New York law forbids: to make a deed out of this conveyance which was “intended only as a security in the nature of a mortgage.”

New York’s Real Property Law § 320 provides in relevant part:

A deed conveying real property, which, by any other written instrument, appears to be intended only as a security in the…