Laws of New York (Last Updated: November 21, 2014) |
EPT Estates, Powers and Trusts |
Article 10. POWERS |
Part 10. PROVISIONS AFFECTING POWERS OTHER THAN POWERS OF APPOINTMENT |
Section 10-10.4. Power to lease in tenant for life; effect of mortgage
Latest version.
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(a) The power of a tenant for life to make leases is neither extinguished nor suspended when such tenant executes a mortgage. The power is bound by the mortgage in the same manner as the real property embraced therein, and the lien of the mortgagee on such power: (1) Entitles the mortgagee to an exercise of the power so far as the satisfaction of the debt requires; and (2) Causes any subsequent interest, created by the tenant for life by an exercise of such power, to become subject to the mortgage as if in terms embraced therein.