Adam Leitman Bailey, P.C. was retained by a lender to record a mortgage in the chain of title to a property in Brooklyn, New York, where the original mortgage that was executed by the borrower was not recorded and subsequently lost or misplaced. In an effort to avoid her obligations on the mortgage, the borrower Full Article…
Adam Leitman Bailey, P.C. Successfully Prevents a Borrower From Delaying Entry of Judgment of Foreclosure and Sale
After successfully prosecuting a foreclosure action and obtaining summary judgment in favor of its client, Adam Leitman Bailey, P.C. brought a motion for judgment of foreclosure and sale – the last and what should be the simplest step in the foreclosure process before a lender can auction a mortgaged property. However, borrowers often engage in Full Article…
Coop Board Forced To Obey The Law
The well known “business judgment rule” gives a cooperative’s Board of Directors wide discretion in how to administer the building it oversees. Many Boards, however, mistake this for an even broader mandate to do whatever they wish. When a family that owned a penthouse apartment in a coop came to Adam Leitman Bailey, P.C., they Full Article…
Adam Leitman Bailey, P.C. Protects a Bona Fide Purchaser of Property Dragged Into a Dispute Between Prior Owners
In a heated dispute between prior owners of a property, Adam Leitman Bailey, P.C., successfully defended against claims that its client’s predecessor in interest fraudulently obtained the subject property from the Plaintiff, and the subsequent sale of the Property to our client was null and void. The property at issue was originally owned an LLC, Full Article…
Adam Leitman Bailey, P.C. Successfully Prevents Borrower From Staying a Foreclosure Sale
Adam Leitman Bailey, P.C. was retained by a lender to foreclose a business purpose loan. After successfully prosecuting the foreclosure action and obtaining a judgment of foreclosure and sale, the property was scheduled for auction. On the eve of the foreclosure sale, the borrower filed an Order to Show Cause, with a request for a Full Article…
Adam Leitman Bailey, P.C. Secures Dismissal of Claims Against Individual Sponsor Principals in a Construction Defects Litigation
Plaintiff, the Board of Managers of a Brooklyn County condominium, brought an action against the Sponsor of the Condominium and its principals, asserting twelve causes of action relating to the allegedly defective construction of the Condominium. Using its expertise in construction defect litigation, Adam Leitman Bailey, P.C. was able to secure dismissal of all twelve Full Article…
Adam Leitman Bailey, P.C. Defeats A Borrower’s Brazen Attempt To Dismiss A Foreclosure Action On The Grounds That, Due To Her Own Delays, The Lender Failed To Hold A Foreclosure Sale In Accordance With RPAPL § 1351(1)
RPAPL § 1351(1) requires that a foreclosing lender hold a foreclosure sale within 90 days of the date that the lender obtains a judgment of foreclosure and sale. However, there are various procedural mechanisms a borrower can employ to delay such a sale. Adam Leitman Bailey, P.C. is well-versed in navigating the issues. In a Full Article…
Adam Leitman Bailey, P.C. Wins a Case of First Impression Under FAPA, Protecting its Client’s Mortgage in a Murky Legal Climate for Lender’s Rights
Adam Leitman Bailey, P.C. was retained by a lender to navigate through the ever-changing foreclosure laws and save the lender’s ability to foreclose. The lender’s foreclosure action was commenced in 2017. The lender moved for summary judgment, and the borrower cross-moved to dismiss, arguing that, per the Second Department’s holding in Bank of America, N.A. Full Article…