Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

An online resource of real estate law articles

  • Home
  • Real Estate Q & A

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 prior owners remained in possession. Accordingly, the Plaintiff turned to Adam Leitman Bailey, P.C. to evict the prior owners. With housing courts stalled due to COVID-19, ALBPC got creative and moved within the foreclosure action for a writ of assistance pursuant to New York Real Property Law § 221 to evict the prior owners.  

In accordance with the statutory requirements, Adam Leitman Bailey, P.C. exhibited the certified deed to the prior owners and demanded possession of the property. Adam Leitman Bailey, P.C. then moved by order to show cause for a writ of assistance to evict. In support of the motion, the firm argued that all prerequisites for a post-foreclosure writ of assistance were met, namely: (i) the judgment of foreclosure and sale directed that the purchaser be let into possession; (ii) prior to making application for the writ, the deed was exhibited to the persons in possession and demand was made for possession; and (iii) the person in possession refused to give over possession.  

The Court granted Adam Leitman Bailey, P.C.’s application for a writ of assistance and issued a judgment of possession.  

Jackie Halpern Weinstein, Esq. and Danny Ramrattan, Esq. of the Foreclosure Litigation Group and Vladimir Mironenko, Esq. of the Landlord/Tenant Group at Adam Leitman Bailey, P.C. secured this result for its client. 

Tags: foreclosure litigation group, Landlord and tenant

ARTICLES BY TOPIC

  • Appellate Litigation
  • Buyouts and Sale of Apartment Lease
  • Commercial Landlord Representation
  • Commercial Leasing Services
  • Commercial Tenant Representation
  • Condominium & Cooperative Board & Building Representation
  • Condominium & Cooperative Litigation
  • Condominium & Cooperative Owner & Shareholder Representation
  • Condominium & Cooperative Representation
  • Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions
  • Division of Housing and Community Renewal (DHCR)
  • Fire and Building Violations
  • Foreclosure Litigation Group
  • Homeowner and Tenant Associations
  • Insurance Defense Litigation
  • Landlord Representation
  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation
  • Mortgage Finance Practice Group
  • Purchase & Sale of Homes
  • Purchase and Sale of Multi-Family Dwellings and Buildings
  • Real Estate Administrative Proceedings/Environmental Control Board
  • Real Estate Litigation
  • Tenant Representation
  • Q & A
  • Title Insurance Claims Group

RECENT POSTS

  • When Is Part Performance ‘Part Performance in Real Estate Cases’?
  • Adam Leitman Bailey, P.C. Defeats Statute of Limitations Argument in Foreclosure Action and Quiet Title Action
  • Adam Leitman Bailey P.C. Stops The Frick From Building Access Door That Would Crowd The Beautiful Block With Massive Long Lines and Development
  • Adam Leitman Bailey, P.C. Defeats Landlord’s Partial Summary Judgment Motion Amidst Overlapping Claims in Parallel Holdover Proceeding
  • Sponsor’s Attempt to Avoid Liability for Construction Defects and to Limit Valid Claims of the Condominium Unit Owners Soundly Rejected by the Appellate Division

TOP CONTRIBUTORS

Adam Leitman Bailey

Dov Treiman

John Desiderio
  • Popular
  • Comments
  • Tags
  • FDA’s Poison Prevention Packaging Rule: A Bitter Pill the FDA is Forced to Swallow
  • The New Rules of Seeking a Buyout of a Rent-Regulated Tenant
  • Rules Governing Anticipatory Repudiation of Contracts
  • New Rules of Substantial Rehabilitation to Remove Units from Rent Regulation Part II
  • Building Sold Before Violation Notice Issued
  • Public Health and Law : Assignment Essays | Assignment Essays: […] FDA’s Poison Prevention Packaging ...
  • Public Health and Law : Solution Essays - Solution Essays: […] FDA’s Poison Prevention Packaging ...
  • Who are the parties in the case and what are their respective interests? - Excelwriters: […] FDA’s Poison Prevention Packaging ...
  • Nutritional Health Alliance v. Food and Drug Administration - Longbeach Writers: […] FDA’s Poison Prevention Packaging ...
  • Public health and law | Law homework help – Hero Papers: […] FDA’s Poison Prevention Packaging ...
Adam Leitman Bailey apartment rent Appellate Division Case Co-op board member rights Co-op issues commercial landlord commercial lease commercial tenant condominium Condominium Board contract cooperative board court of appeals Dov Treiman easement eviction foreclosure Foreclosure law foreclosure litigation group Home purchase Insurance John Desiderio landlord Landlord and tenant landlord law Landlord Representation Lease Lease Provision License Agreement Mortgage nonprimary residence NY state law property owner property sale Real estate real estate litigation recording act rent Rent stabilization rent stabilized RPAPL tenant law tenant rights violation notice

Read more from Adam Leitman Bailey

Huffington Post

The Cooperator

Apartment Law Insider

Commercial Observer

Adam Leitman Bailey, P.C.

Twitter Twitter

Follow @alb_pc on Twitter

Twitter Twitter

Follow @Aleitmanbailey on Twitter

LinkedIn

Adam Leitman Bailey on LinkedIn

Adam Leitman Bailey, P.C. on LinkedIn

Adam Leitman Bailey Articles © 2022. All Rights Reserved.

Powered by WordPress. Designed by Woo Themes