Foreclosures—Religious Corporations Law Section 12(9)—Mortgage Deemed Invalid—Lacked Proper Corporate Resolution and Prior Approval of the Attorney General or a Court—Record Unclear as to Whether the Mortgage Was In The Best Interests of the Congregation and Furthered Its Corporate Purposes

A plaintiff moved for, inter alia, a summary judgment dismissing a defendant church’s (church’s) answer, and for an order pursuant to Religious Corporations Law (RCL) §12(9), confirming a previously executed mortgage. The plaintiff also moved for an order confirming a referee’s report reforming the mortgage “nunc pro tunc from its execution, to include the full legal description” and granting a judgment of foreclosure and sale. The church cross moved for an order declaring that the subject note and mortgage were unenforceable, null and void, denying approval of the mortgage as it is not “in the best interests of defendant” and dismissing the complaint with prejudice.

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