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FED MTGE v. LEVINE-RODRIGUEZ

153 Misc.2d 8 (1991)

Federal National Mortgage Association, Plaintiff, v. Susan M. Levine-Rodriguez et al., Defendants.

Supreme Court, Rockland County.

November 21, 1991

Attorney(s) appearing for the Case

Robinson, St. John & Wayne for Chemical Bank, defendant.

JOAN B. LEFKOWITZ, J.

Does a prior recorded mortgage that is improperly indexed by name of the mortgagor lose priority to a subsequent mortgage properly recorded and indexed where the subsequent mortgagee lacks actual knowledge of the prior mortgage at the time of making the subsequent one? This interesting issue is presented herein by the subsequent mortgagee's motion addressed to the merits of the claim of...

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