Nassau Trust Co. v. Montrose Concrete Products Corp.

New York Court of Appeals · Decided 1982-05-13

Cited by 416 later decision(s) in our corpus · see the citation network in Lexace

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OPINION OF THE COURT Meyer, J. In a foreclosure action based upon nonpayment, the mortgagee’s oral waiver of the right to accelerate the principal and foreclose in order to give the delinquent mortgagor a reasonable opportunity to negotiate an unforced sale of the mortgaged premises constitutes a valid affirmative defense to foreclosure, absent withdrawal of the waiver upon reasonable notice to the mortgagor…

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