LegalFix

121 - Reorganization of Property Covered by Trust Mortgage.

NY Real Prop L § 121 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

§ 121. Reorganization of property covered by trust mortgage. Such banking corporation, under the direction of the court in the foreclosure action may, and if directed by the court shall, purchase or cause to be purchased said real property, pursuant to a reorganization plan, and cause to be formed a domestic business corporation, or a foreign corporation providing such foreign corporation is authorized to do business within this state, or utilize any other such corporation, providing the corporation so formed or utilized shall have provided in its certificate of incorporation the restriction set forth in section one hundred eleven of decedent estate law, and shall thereupon grant and release said property to such new corporation and its assigns forever, or by assignment of its bid to such new corporation, or otherwise, cause the referee's deed in foreclosure to be executed and delivered directly to such new corporation granting and releasing such property to it and its assigns forever, in exchange for the stocks, bonds and other securities of such new corporation except such of said securities as may be reserved for the adjustment of liens and claims against said property, or for other purposes as specified in the plan, including any provision made in a plan approved by the court and thereafter becoming effective as provided in section one hundred twenty-two for any interest, junior or subordinate to the mortgage foreclosed; provided, however, that such new corporation shall be authorized to raise money by mortgage, pledge, borrowing, sale of securities or otherwise to the extent which may be set forth in the plan of reorganization. The trustee, upon receiving such securities and any cash available from the new corporation, shall distribute the same and any other funds or property constituting part of the trust estate, ratably amongst those parties interested in such mortgage, deed of trust or indenture less such trustee's proper expenses and charges in connection therewith; and thereupon the trustee upon the filing and approval of its accounts in the foreclosure action and upon assigning to such new corporation any deficiency judgment and any guarantees and insurance policies held by the trustee and any claim for waste or otherwise in connection with the mortgage estate, shall be discharged of any further obligation or liability under such mortgage or indenture or otherwise. Nothing herein contained shall affect or impair the liability of any guarantor or any right or remedy existing in favor of any holders of bonds, notes, certificates or other securities which are secured by or participate in such mortgages, deeds of trust or indentures.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
121 - Reorganization of Property Covered by Trust Mortgage.