Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

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Adam Leitman Bailey, P.C. Defeats Adversary’s Last-Minute Plea to Court and Secures Win for Client in Foreclosure Action

  • Jackie Halpern Weinstein, Marianne Sanchez

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…

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Adam Leitman Bailey, P.C. Wins Post-Foreclosure Writ of Assistance

  • Danny Ramrattan, Jackie Halpern Weinstein, Vladimir Mironenko

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…

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In Erie County Action, Adam Leitman Bailey, P.C. Holds Foreclosure Auction and Closes to Third-Party High Bidder

  • Danny Ramrattan, Jackie Halpern Weinstein, Uncategorized

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…

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The Evolving Burden of Proof for Foreclosure Judgments

  • New York Law Journal •
  • Adam Leitman Bailey, Appellate Litigation, Danny Ramrattan, Foreclosure Litigation Group, Jackie Halpern Weinstein, loans, Uncategorized

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…

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Adam Leitman Bailey, P.C. Defeats Claim Against Title Company Regarding a Purported Negligent Search

  • Danny Ramrattan, Jackie Halpern Weinstein, Real Estate Litigation

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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Adam Leitman Bailey, P.C. Defeats Statute of Limitations Argument in Foreclosure Action Using Recent Court of Appeals Precedent

  • Danny Ramrattan, Foreclosure Litigation Group, Jackie Halpern Weinstein, Marianne Sanchez

Adam Leitman Bailey, P.C. was retained by the note owner to take over its representation in a problematic foreclosure action.  This particular loan was the subject of two prior foreclosure actions in addition to the instant action. The borrower argued that the loan was time barred by the statute of limitations because the first action was  Full Article…

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Adam Leitman Bailey, P.C. Revives a Time-Barred Mortgage Loan on Appeal

  • Appellate Litigation, Danny Ramrattan, Foreclosure Litigation Group, Jackie Halpern Weinstein, Jeffrey R. Metz

Adam Leitman Bailey, P.C. was retained by the note owner to salvage a 2007 foreclosure action that was dismissed pursuant to CPLR § 3216 for the Plaintiff’s prior counsel’s alleged failure to prosecute.  By virtue of the CPLR § 3216 dismissal, foreclosure of the loan was then time-barred by the statute of limitations, and the  Full Article…

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Adam Leitman Bailey, P.C. Secures Settlement for Lender Following Stalled Negotiations

  • Jackie Halpern Weinstein, Marianne Sanchez

Although a lender may successfully obtain a Judgment of Foreclosure and Sale in a foreclosure proceeding, oftentimes a lender must additionally defend its rights in a Borrower’s subsequent Bankruptcy proceeding where the Borrower is hoping to avoid the foreclosure auction. In a recent case, Adam Leitman Bailey, P.C. (ALBPC) was retained to step in as  Full Article…

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