Guaranteed Title & Mortgage Co. v. Scheffres

New York Court of Appeals

Guaranteed Title & Mortgage Co. v. Scheffres

9 N.E.2d 764, 275 N.Y. 30, 1937 N.Y. LEXIS 1396

CourtNew York Court of Appeals

DecidedJuly 13, 1937

StatusPublished

Cited by8 cases

This text of 9 N.E.2d 764 (Guaranteed Title & Mortgage Co. v. Scheffres) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guaranteed Title & Mortgage Co. v. Scheffres, 9 N.E.2d 764, 275 N.Y. 30, 1937 N.Y. LEXIS 1396 (N.Y. 1937).

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Opinion

*32 Per Curiam.

This is an action to foreclose a mortgage on real property. The mortgagors appeared generally but defaulted in pleading. Judgment of foreclosure and sale was regularly entered August 9, 1933, before section 1083-a of the Civil Practice Act. became effective. A deficiency resulted on a sale to the mortgagee and judgment therefor was docketed. Thereafter the mortgagors moved the Special Term to vacate so much of the judgment of foreclosure and sale as directed them to pay a deficiency. The motion was granted and the deficiency judgment previously docketed was canceled upon the ground “ that the value of the property exceeded the amount of the judgment.” This is an appeal by the mortgagee from an affirmance by the Appellate Division of the order of the Special Term. The orders should_be reversed and the motion denied. (Loma Holding Corp. v. Cripple Bush Realty Corp., 265 N. Y. 463; Emigrant Industrial Sav. Bank v. Van Bokkelen, 269 N. Y. 110; Strochak v. Glass Paper Making Supplies Co., 239 App. Div. 312. See Kenly v. Huntington Building Association, Inc., 166 Md. 182.)

The orders should be reversed and the motion denied, with costs in all courts.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ., concur.

Orders reversed, etc.

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*32 Per Curiam.

This is an action to foreclose a mortgage on real property. The mortgagors appeared generally but defaulted in pleading. Judgment of foreclosure and sale was regularly entered August 9, 1933, before section 1083-a of the Civil Practice Act. became effective. A deficiency resulted on a sale to the mortgagee and judgment therefor was docketed. Thereafter the mortgagors moved the Special Term to vacate so much of the judgment of foreclosure and sale as directed them to pay a deficiency. The motion was granted and the deficiency judgment previously docketed was canceled upon the ground “ that the value of the property exceeded the amount of the judgment.” This is an appeal by the mortgagee from an affirmance by the Appellate Division of the order of the Special Term. The orders should_be reversed and the motion denied. (Loma Holding Corp. v. Cripple Bush Realty Corp., 265 N. Y. 463; Emigrant Industrial Sav. Bank v. Van Bokkelen, 269 N. Y. 110; Strochak v. Glass Paper Making Supplies Co., 239 App. Div. 312. See Kenly v. Huntington Building Association, Inc., 166 Md. 182.)

The orders should be reversed and the motion denied, with costs in all courts.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ., concur.

Orders reversed, etc.

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Bluebook (online)

9 N.E.2d 764, 275 N.Y. 30, 1937 N.Y. LEXIS 1396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guaranteed-title-mortgage-co-v-scheffres-ny-1937.

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