It is amazing the lengths some borrowers will go to avoid paying their mortgages while living an a home for free. Mortgages are recorded in the normal course. In this case, however, after the closing where the borrower executed a note and mortgage for $600,00.00 the title closer never recorded the mortgage. To correct this Full Article…
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Adam Leitman Bailey, P.C. Successfully Vacates a Default Judgment Imposed by the Office of Administrative Trials and Hearings (OATH) and Obtains a New Hearing Date for Client
The Office of Administrative Trials and Hearings (OATH) is New York City’s administrative law court. The OATH Hearings Division conducts hearings on summonses issued by twenty-five New York City enforcement agencies for alleged violations of law or City rules. Such enforcement agencies include the Departments of Buildings, Sanitation, Environmental Protection, Consumer and Worker Protection, and Health and Full Article…
Adam Leitman Bailey, P.C. Affirmed by Second Department in Action To Record Duplicate Mortgage
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…
Improving the License Agreement for a Construction Project for a Condominium
Adam Leitman Bailey, P.C. was retained by the Board of Managers of a large residential condominium (“Condominium”) in Manhattan to negotiate a license agreement for work mandated by the New York City Department of Buildings (“DOB”) to its building, after negotiations with current counsel failed. By way of background, over the prior several months, the 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…
Phony Tenants Evicted
In a building with tax breaks dependent on tenants meeting certain income limits, several tenants conspired with an outside screening agent to phony up their income records along with their placement on the waiting list for the building. Through this scheme, they got their apartments. However, the Attorney General’s Office became aware of this scheme Full Article…
Adam Leitman Bailey, P.C. Defeats a Post-Eviction Order to Show and Secured a Mitchell-Lama Coop’s Right to Recover Possession of a Unit
Our client is a Mitchell-Lama Coop in Brooklyn, several of the residents are elderly and are holocaust survivors. We commenced a nonpayment eviction proceeding in Brooklyn Housing Court in November 2022, and we were able to secure a final judgment against the shareholder in May 2024. Thereafter, the shareholder’s guardian ad litem and daughter filed Full Article…
Adam Leitman Bailey, P.C. Prevails on Motion to Vacate Tolling of Statute of Limitations
Adam Leitman Bailey, P.C. successfully moved to vacate the tolling of the statute of limitations on potential claims against a client, as provided for in prior orders of the court, persuading the presiding judge that he had acted beyond his authority in having earlier tolled the statute of the limitations. In 2024, the New York Full Article…
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