§ 121. Reorganization of property covered by trust mortgage. Such banking corporation, under the direction of the court in the foreclosure action may, and if directed by the court shall, purchase or cause to be purchased said real property, pursuant to a reorganization plan, and cause to be formed a domestic business corporation, or a foreign corporation providing such foreign corporation is authorized to do business within this state, or utilize any other such corporation, providing the corporation so formed or utilized shall have provided in its certificate of incorporation the restriction set forth in section one hundred eleven of decedent estate law, and shall thereupon grant and release said property to such new corporation and its assigns forever, or by assignment of its bid to such new corporation, or otherwise, cause the referee's deed in foreclosure to be executed and delivered directly to such new corporation granting and releasing such property to it and its assigns forever, in exchange for the stocks, bonds and other securities of such new corporation except such of said securities as may be reserved for the adjustment of liens and claims against said property, or for other purposes as specified in the plan, including any provision made in a plan approved by the court and thereafter becoming effective as provided in section one hundred twenty-two for any interest, junior or subordinate to the mortgage foreclosed; provided, however, that such new corporation shall be authorized to raise money by mortgage, pledge, borrowing, sale of securities or otherwise to the extent which may be set forth in the plan of reorganization. The trustee, upon receiving such securities and any cash available from the new corporation, shall distribute the same and any other funds or property constituting part of the trust estate, ratably amongst those parties interested in such mortgage, deed of trust or indenture less such trustee's proper expenses and charges in connection therewith; and thereupon the trustee upon the filing and approval of its accounts in the foreclosure action and upon assigning to such new corporation any deficiency judgment and any guarantees and insurance policies held by the trustee and any claim for waste or otherwise in connection with the mortgage estate, shall be discharged of any further obligation or liability under such mortgage or indenture or otherwise. Nothing herein contained shall affect or impair the liability of any guarantor or any right or remedy existing in favor of any holders of bonds, notes, certificates or other securities which are secured by or participate in such mortgages, deeds of trust or indentures.

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Terms Used In N.Y. Real Property Law 121

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trustee: A person or institution holding and administering property in trust.