Is it necessary to commence an action to identify and establish the true ownership of a mortgage?
"New York", United States of America
The following excerpt is from Avery v. Union Trust Co. of New York (In re Union Trust Co. of New York) , 114 N.E. 1057, 219 N.Y. 514 (N.Y. 1916):
It would not have been necessary to commence the action of Barry v. Lambert, supra, had the mortgage under consideration in that case shown the true ownership of the moneys loaned. The plaintiff was compelled to maintain the action to identify and establish her interest in the mortgage.
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