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 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…
Adam Leitman Bailey, P.C. Secures Writ of Assistance For Condominium Board After Common Charge Foreclosure
Adam Leitman Bailey, P.C. was retained by a condominium board related to a unit owner, who, in addition to not paying his common charges, was also violating the governing documents of the condominium by illegally offering his unit for short-term rentals. The unit owner – an attorney himself – was trying to engage in all Full Article…
Adam Leitman Bailey, P.C. Secures Substantial Early Termination Payment for Tenant of Foreclosed Building in Receivership
With the right counsel, it turns out that you can squeeze blood from a stone, or at least from an intransigent landlord. In an extraordinary turn of events, Adam Leitman Bailey, P.C. managed to secure an early termination payment in the hundreds of thousands of dollars from the landlords of a foreclosed building in receivership 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…
In a Battle of Foreclosure Actions, Adam Leitman Bailey, P.C. Successfully Leads Second Position Mortgage Lender to Win the Race to the Auction, Resulting in Full Payment
A highly desirable residential condominium unit was the subject of two competing foreclosure actions. ALBPC was retained by the second position lender to commence foreclosure proceedings and also to defend the lender’s interest in the first position lender’s foreclosure action. The first mortgage entered into a modification agreement with the borrower whereby it increased the Full Article…
Adam Leitman Bailey, P.C. Prevails in the Appellate Division by Successfully Defending Against Claim that its Client’s Complaint Should Have Been Stricken
In a heavily litigated foreclosure action that has had multiple motions and appeals, the borrower appealed from a decision of the Court that denied her motion to dismiss Plaintiff’s complaint pursuant to CPLR § 3126(c). The borrower argued that Plaintiff failed to comply with her discovery demands and dismissal of the complaint was warranted. Plaintiff 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…
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