2006 New York Code - Action To Determine Claims Where Foreclosure Of Mortgage Was Void Or Voidable.



 
    §  1503.  Action to determine claims where foreclosure of mortgage was
  void or voidable. When  real  property  has  been  sold  pursuant  to  a
  judgment  in  an action to foreclose a mortgage under article 13 of this
  chapter or pursuant to article 14 of this chapter, or has been  conveyed
  to  the  mortgagee  or the designee of such mortgagee by deed in lieu of
  foreclosure, and  it  appears  from  the  public  records  or  from  the
  allegations  of the complaint that such judgment, sale or conveyance was
  or may have been, for any  reason,  void  or  voidable  as  against  any
  person, including an owner of the real property mortgaged, the purchaser
  or  such  mortgagee or designee, or the successor of any such person, in
  possession of such real property, may maintain an action as provided  in
  this  article  to  determine  the  right of any person to set aside such
  judgment, sale or conveyance or to enforce an equity of redemption or to
  recover possession of the property, or the right of any junior mortgagee
  to foreclose a mortgage. Such action may be maintained  even  though  an
  action  against  the defendant to foreclose the mortgage under which the
  judgment, sale or conveyance was made,  or  to  extinguish  a  right  of
  redemption, would be barred by the statutes of limitation.

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