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NY State — NY Real Property Law

§ 249 — SECTION 249 Covenants in mortgages

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 249?

Quick Answer

This section clarifies that a mortgage of real property does not automatically include a covenant for payment unless explicitly stated. If no such covenant is expressed, the remedies available to the mortgagee are limited to the property specified in the mortgage. Applies to mortgage lenders and property owners.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 249 SECTION 249 Covenants in mortgages

RPL § 249

A mortgage of real property does not imply a covenant for the payment of the sum intended to be secured; and where such covenant is not expressed in the mortgage, or a bond or other separate instrument to secure such payment has not been given, the remedies of the mortgagee are confined to the property mentioned in the mortgage.

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