Legal Question in Real Estate Law in New York
Does a bank / lawyer have to have both the note and mortgage in order to start foreclosure?
Asked on 10/01/09, 11:09 am
1 Answer from Attorneys
Thomas Sirianni
The Law Office of Thomas A. Sirianni
Generally, the note signifys personal liability. The mortgage is what is the lien on the proerpty that can be used to force the property to be sold to pay it. However, each needs to be read to see what provisions each contain specifically.
Feel free to call me at 516-314-1343
Tommy
Answered on 10/06/09, 11:35 am