Prudential Home Mortgage Co. Inc. v. Salgado

In Prudential Home Mortgage Co. Inc. v. Salgado (NYLJ, August 1, 1994, at 29, col 2) a bank was involved in a second attempt to foreclose on the mortgage of a condominium unit. The condominium board sought an appointment of a receiver to rent the unit and apply the proceeds first to the common charges and then to the mortgage, to which the bank opposed. The Court held that the bank's opposition "raises the specter of the wasting away of the asset and the accrual of needless common charges." It continued: "A denial of this application would be to the detriment of the interests of the Board because it is unlikely that these common charges will be paid out of the proceeds of the foreclosure sale" .