Section 277. Modification and extension of mortgage investment  


Latest version.
  • 1.
      Corporations,   trustees,    executors,    administrators,    guardians,
      committees,  conservators and other persons holding trust funds, savings
      banks and other corporations that shall have made or shall own  or  hold
      an  investment, with the specified ratio of real property security, in a
      bond and mortgage or share or part thereof or series or group  of  bonds
      and  mortgages  or  in any instrument evidencing any collateral or other
      interest in such a bond and mortgage or share or part  thereof  or  such
      series or group of bonds and mortgages, or in any participation or other
      certificate  secured by the deposit of, or evidencing any share, part or
      interest in the principal sum of any such bond and mortgage or share  or
      part  thereof  or series or group of bonds and mortgages, whether any of
      such investments, instruments or certificates be guaranteed or not, may,
      prior to April first, nineteen hundred sixty-nine waive  or  modify,  or
      agree to waive or modify, either with or without consideration and prior
      or  subsequent  to maturity, any terms and conditions thereof, including
      the rate of interest, due or to become due and extend  or  re-extend  or
      agree  to  extend  or  re-extend such bond and mortgage or share or part
      thereof, or such series  or  group  or  such  evidencing  instrument  or
      participation  or  other  certificate for a period of not more than five
      years from the time of such extension, by agreement with  the  owner  of
      the real property subject to the lien of such bond and mortgage or bonds
      and  mortgages  or by agreement with the issuer or guarantor of any such
      evidencing   instrument   or   participation   or   other   certificate,
      notwithstanding   that,  at  the  time  of  such  waiver,  modification,
      extension or agreement, the value of such real property may be less than
      that required by law for  an  original  investment  of  such  an  amount
      therein  by  such holder and, in case any such investment is guaranteed,
      any such holder thereof may also extend or re-extend or agree to  extend
      or  re-extend  the  time of payment under the guaranty for a like period
      from its due date, and may release or agree to release such guaranty  or
      from  time to time waive or modify or agree to waive or modify any terms
      or conditions thereof, including the rate of interest due or  to  become
      due.
        2.  In  addition  to  the  provisions  of  subdivision one hereof, any
      corporation,  trustee,  executor,  administrator,  guardian,  committee,
      conservator  or other person, including any official of the state or any
      political subdivision thereof, holding trust funds, or any savings  bank
      or  other  corporation  that  shall  have made or shall own or hold such
      investment, may prior to April first, nineteen hundred  sixty-nine  join
      in  promulgating, participate in, consent to or pay any assessment under
      or incur any necessary expense in connection with participation  in  any
      plan  providing  for the readjustment, modification or reorganization of
      such investment, which plan is required by  the  terms  thereof  or  the
      provisions  of  law applicable thereto to be approved by a court of this
      or  any  other  state  or  of  the  United  States,   having   competent
      jurisdiction  over  proceedings  for  such readjustment, modification or
      reorganization, and if such plan shall have been or shall  hereafter  be
      duly  approved  by  any  such court, may execute such instruments and do
      such acts as may be  required  thereby,  and  as  may  be  necessary  or
      desirable  for  the  consummation  thereof,  and may accept and hold, as
      legal investments, any securities or obligations, secured or  unsecured,
      issued  pursuant  to  such  plan  so  approved, notwithstanding, without
      limiting the generality of the foregoing, that such plan may provide for
      the extension of the maturity or reduction of the principal, or  of  the
      rate of interest, or for any other modification of such investment or of
      any bond and mortgage or bonds and mortgages held as security for or for
      the benefit of the holders of such investment.
    
        3.  This section shall be construed so as to effectuate its purpose as
      a grant of powers. The limitations  and  restrictions  contained  herein
      shall  not  apply  to  powers  granted  by any other law but only to the
      powers granted herein.