From Casetext: Smarter Legal Research

Coronet Capital Company v. Spodek

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 292 (N.Y. App. Div. 1999)

Summary

holding that "[i]t has long been held that a mortgage is not valid and enforceable unless there is an underlying valid debt or obligation for which the mortgage is intended as security"

Summary of this case from New Century Mtge. Corp. v. McDonald

Opinion

Argued June 15, 1999

October 4, 1999

Appeal from so much of an order of the Supreme Court, Kings County (G. Aronin, J.).


ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

It has long been held that a mortgage is not valid and enforceable unless there is an underlying valid debt or obligation for which the mortgage is intended as security ( see, Beck v. Sheldon, 259 N.Y. 208; Baird v. Baird, 145 N.Y. 659; Haven Assocs. v. Donro Realty Corp., 149 A.D.2d 667; 9 Warren's Weed, New York Real Property, § 4.01[1] [4th ed]). After a hearing, the court refused to enforce the mortgage of Kenneth Schechter and Richard Aidekman because their own testimony revealed that the mortgage was not given as security for a valid debt. The hearing court's credibility determination is entitled to great weight on appeal ( see, Miale v. Miale, 258 A.D.2d 444 [2d Dept., Feb. 1, 1999]). Since it is amply supported by the record, it will not be disturbed ( see, Avco Mtge. Co. of N.Y. v. Ward, 225 A.D.2d 347; Leonard v. Grimes, 246 A.D.2d 630).

However, to reimburse Kenneth Schechter and Richard Aidekman for a $50,000 payment they made in order to delay the foreclosure sale in this action, the court properly found that they held an equitable lien on the property in the amount of $50,000 ( see, Great E. Bank v. Chang, 227 A.D.2d 589; Jacone v. DeRosa, 173 A.D.2d 525).

RITTER, J.P., THOMPSON, FEUERSTEIN, and SMITH, JJ., concur.


Summaries of

Coronet Capital Company v. Spodek

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 292 (N.Y. App. Div. 1999)

holding that "[i]t has long been held that a mortgage is not valid and enforceable unless there is an underlying valid debt or obligation for which the mortgage is intended as security"

Summary of this case from New Century Mtge. Corp. v. McDonald

holding that "[i]t has long been held that a mortgage is not valid and enforceable unless there is an underlying valid debt or obligation for which the mortgage is intended as security"

Summary of this case from New Century Mortg. Corp. v. McDonald
Case details for

Coronet Capital Company v. Spodek

Case Details

Full title:CORONET CAPITAL COMPANY, plaintiff v. ROSALIND T. SPODEK d/b/a COLLEGE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 4, 1999

Citations

265 A.D.2d 292 (N.Y. App. Div. 1999)
696 N.Y.S.2d 191

Citing Cases

NATIONAL COUNCIL ON COMP. INS. v. CARO GRAIFMAN

In the First Count of the complaint, the plaintiffs seek a declaration from the court invalidating the…

Mtg. Elec. Regis. Sys., Inc. v. Folkes

A "mortgage is an interest in land created by a written instrument providing security for the performance of…