thus appears that the right of the plaintiff to foreclose dependent upon his acquiring a title to the bond to secure which the mortgage was given." Manne v. Carlson 49 A.D. 276, 278 (N.Y. App. Div. 1900) citing Merritt v. Bartholick (36 N.Y. 44). See also Kluge v Fugazy 145 A.D.2d 537, 538, 536 N.Y.S.2d 92 (2d