Mortgagee's Priority Over the Defendant Occupant's Claim to the Property

In Tompkins County Trust Co. v. Talandis (261 AD2d 808 [3d Dept 1999], lv dismissed 93 NY2d 1041), the Court found that the mortgagee had priority over the defendant occupant's claim to the property. In that case, defendant had been present during the negotiations to arrange consolidated refinancing for the property and had not imparted her possessory interest to plaintiff. The Court found that defendant's silence, coupled with her consent to the subordination of her four prior judgment liens against her ex-husband, belied her future claim to a possessory interest in the property superior to plaintiff. In Fekishazy v. Thomson (204 AD2d 959 [3d Dept 1994], appeal dismissed 84 NY2d 844), the record owner provided in the contract of sale that it was subject to a month-to-month tenancy. Such a tenancy is not inconsistent with the title of the apparent owner.