Megargel v. Saul

How courts have described this case

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

• explaining that the duty of good faith and reasonable diligence “extends ... not only [to] the mortgagor\ but also to \those holding junior encumbrances or liens”
• finding that failure to give notice of sale to a party with a pre-mortgage attachment who had expressed her intention to buy was evidence of bad faith
• noting that “[i]t has become settled by repeated and unvarying decisions that a mortgagee in executing a power of sale contained in a mortgage is bound to exercise good faith and put forth reasonable diligence”
• no bar when the issues in the second action had not been raised and could not have properly been raised in the first action
• no notice to plaintiff, a junior lien holder, who had requested notice and had stated her intention to purchase at a foreclosure sale to protect her investment
• foreclosure sale voided when senior mortgagee was requested by junior lienholder to give notice to her of foreclosure sale and senior mortgagee deliberately failed to do so

Source: CourtListener parenthetical corpus (CC0).