New York  |  Real Estate Law

Legal Question

Asked on: 5/09/13, 2:11 pm

I posted "I have a lien on a property dating to 2006. A bank bought the mortgage to the property in 2012 and is foreclosing. They filed a complaint against me saying that they don't have to pay me anything unless there is money left over after the sale, after paying taxes, after their own expenses, etc., and even then it is their option whether to "share in surplus monies" with me. I assume that their lien is superior to mine, but shouldn't they be required to pay me before they get any surplus money? I need to file an answer and am not certain what to say."

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