FED. HOME LOAN MORTGAGE CORP. v. GRANT


224 A.D.2d 656 (1996)

639 N.Y.S.2d 72

Federal Home Loan Mortgage Corp., Plaintiff, v. Thomas L. Grant et al., Appellants, Marine Midland Bank, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 26, 1996


Ordered that the order is affirmed, with costs.

As a party to the foreclosure action, the respondent, secondary mortgagee Marine Midland Bank, was not required to file a notice of claim to the surplus moneys in order to preserve its right to satisfaction of its lien from the surplus proceeds of the foreclosure sale (see, RPAPL 1361 [2]). We find no merit to the appellants' contention that Marine Midland Bank's notice...

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