Section 119. Purchase by mortgage trustee  


Latest version.
  • Any  banking  corporation,
      including corporations organized under the banking law and also national
      banking associations authorized to act as trustees  within  this  state,
      which  shall  act  as  trustee, depository or in other representative or
      fiduciary capacity in respect to any mortgage upon real property  within
      this  state or upon some interest therein or in respect to any indenture
      relating to such real property against which bonds  or  certificates  of
      parts or of shares have been issued to the public, may acquire such real
      property in any foreclosure action now or hereafter pending; and in lieu
      of  paying  cash therefor, may make settlement for the purchase price by
      crediting upon the bond, mortgage or other obligation held  by  it,  the
      net  proceeds of sale after deducting therefrom the expenses of the sale
      and the costs of the action and any other sums  which  such  trustee  is
      authorized to deduct under the mortgage, deed of trust or indenture. The
      officer  making  such  foreclosure  sale  shall  accept  such settlement
      without requiring the production of the bonds,  notes,  certificates  of
      sharing, certificates of participation, or other security evidencing the
      pro  rata  interest  of the holders thereof in the mortgage or indenture
      being foreclosed; and, without such production, there  shall  be  deemed
      credited  thereon  the  pro  rata  share  of  the  net  proceeds of sale
      ascertained and established as aforesaid.