Eurovest, Ltd. v. Segall

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a subsequent purchaser was estopped from asserting the affirmative defense of want of consideration
• holding that a third-party purchaser was estopped from arguing that the mortgage was procured by fraud and without consideration
• stating that a subsequent purchaser does retain some legal and-equitable remedies, including “his equitable right of redemption [and] his right to participate in excess proceeds of the sale following any foreclosure proceeding”
• “The inability , of a subsequent purchaser to contest the validity of a mortgage does not affect his equitable right of redemption.”
• \The inability of a subsequent purchaser to contest the validity of a mortgage does not affect his equitable right of redemption.\
• “[A] purchaser who takes title to property subject to a mortgage without assuming any personal liability for repayment of the underlying debt is ,.. estopped from contesting the validity of the mortgage,”

Source: CourtListener parenthetical corpus (CC0).