N.Y. Estates, Powers & Trusts Law Section 10-10.4
Power to lease in tenant for life

  • effect of mortgage
§ 10-10.4 Power to lease in tenant for life; effect of mortgage (a) The power of a tenant for life to make leases is neither extinguished nor suspended when such tenant executes a mortgage. The power is bound by the mortgage in the same manner as the real property embraced therein, and the lien of the mortgagee on such power:

(1)

Entitles the mortgagee to an exercise of the power so far as the satisfaction of the debt requires; and

(2)

Causes any subsequent interest, created by the tenant for life by an exercise of such power, to become subject to the mortgage as if in terms embraced therein.

Source: Section 10-10.4 — Power to lease in tenant for life; effect of mortgage, https://www.­nysenate.­gov/legislation/laws/EPT/10-10.­4 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

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Accessed:
Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 10-10.4’s source at nysenate​.gov

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