§ 119. Purchase by mortgage trustee. Any banking corporation, including corporations organized under the banking law and also national banking associations authorized to act as trustees within this state, which shall act as trustee, depository or in other representative or fiduciary capacity in respect to any mortgage upon real property within this state or upon some interest therein or in respect to any indenture relating to such real property against which bonds or certificates of parts or of shares have been issued to the public, may acquire such real property in any foreclosure action now or hereafter pending; and in lieu of paying cash therefor, may make settlement for the purchase price by crediting upon the bond, mortgage or other obligation held by it, the net proceeds of sale after deducting therefrom the expenses of the sale and the costs of the action and any other sums which such trustee is authorized to deduct under the mortgage, deed of trust or indenture. The officer making such foreclosure sale shall accept such settlement without requiring the production of the bonds, notes, certificates of sharing, certificates of participation, or other security evidencing the pro rata interest of the holders thereof in the mortgage or indenture being foreclosed; and, without such production, there shall be deemed credited thereon the pro rata share of the net proceeds of sale ascertained and established as aforesaid.

Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In N.Y. Real Property Law 119

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Trustee: A person or institution holding and administering property in trust.