First National Bank v. Atkin

OPINION OF THE COURT

Phillip R. Rumsey, J.

Plaintiff seeks summary judgment in this mortgage foreclosure action (commenced in Nov. 1993), and defendant mortgagor cross-moves for dismissal of the complaint. In February 1999, the County of Delaware obtained title to the subject property through foreclosure of a tax lien, pursuant to Real Property Tax Law article 11. Although plaintiff mortgagee received notice of the tax foreclosure proceeding, the property was not redeemed — by plaintiff or defendant — within the time allowed for doing so. The property was scheduled to be sold at public auction…