Adam Leitman Bailey, P.C. was retained by a Lender in connection with a foreclosure action and a quiet title action. The Lender’s predecessor in interest commenced a prior foreclosure action in 2009 that was ultimately dismissed without prejudice by the First Department Appellate Division on November 21, 2019. In response to the dismissal of the Full Article…
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Adam Leitman Bailey, P.C. Defeats Dismissal Motion In Problematic Foreclosure Action
Adam Leitman Bailey, P.C. was retained by a Lender to take over a disastrous 7-year-old foreclosure action that was already plagued with an order tolling interest to the detriment of the Lender for prior delays in the action. Defendants moved to dismiss the action pursuant to CPLR § 3215(c) for the Lender failing to take Full Article…
Adam Leitman Bailey, P.C. Vacates Covid-19 Hardship Declaration Filing Stay in a Case of First Impression
Adam Leitman Bailey, P.C. was retained by a lender to commence foreclosure proceedings against a borrower LLC on a residential property. Notably, the LLC’s member specifically represented at origination that the mortgaged premises would be an investment property and executed an occupancy affidavit to that effect. Lender was granted summary judgment and an Order of Full Article…
Adam Leitman Bailey, P.C. Defeats Adversary’s Last-Minute Plea to Court and Secures Win for Client in Foreclosure Action
Before the onset of the COVID-19 pandemic, a lender hired Adam Leitman Bailey, P.C. to commence an action in New York State Court to foreclose a mortgage the LLC borrower defaulted on in 2019. Through counsel, the borrower filed an Answer, and Adam Leitman Bailey, P.C. subsequently filed a Motion for Summary Judgment and Order Full Article…
Adam Leitman Bailey, P.C. Wins Post-Foreclosure Writ of Assistance
Adam Leitman Bailey, P.C. was retained by foreclosure lender (“Plaintiff”) to commence a foreclosure auction. Adam Leitman Bailey, P.C. prosecuted the action, secured a Judgment of Foreclosure and Sale, and auctioned the property. Plaintiff was the high bidder at the sale and the property reverted to Plaintiff by referee’s deed. Although Plaintiff took ownership of the property, the Full Article…
In Erie County Action, Adam Leitman Bailey, P.C. Holds Foreclosure Auction and Closes to Third-Party High Bidder
With the continuing COVID-19 legislation staying foreclosures during the pandemic, lenders are stalled in prosecuting its actions and are having even more difficulty completing an auction. In this Erie County post-judgment of foreclosure and sale action, immediately upon the issuance of the COVID-19 conference requirements, Adam Leitman Bailey, P.C. requested that the required conference be set and then diligently followed Full Article…
The Evolving Burden of Proof for Foreclosure Judgments
By Adam Leitman Bailey… Judgments of foreclosure and sale granted in favor of lenders are being reversed. This article highlights the underdiscussed expanded burden now imposed by the Second Department that lenders must satisfy to successfully foreclose on a defaulted loan. Many foreclosure proceedings already at the judgment stage are being unwound for the proofs Full Article…
Adam Leitman Bailey, P.C. Defeats Claim Against Title Company Regarding a Purported Negligent Search
Adam Leitman Bailey, P.C. was retained by a title company in connection with a claim that the search performed by the title company was negligent. The title company was retained by the purchaser of the property in connection with the sale of a property that was inherited after the death of seller’s father. Seller represented Full Article…
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