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Adam Leitman Bailey, P.C. Defends Commercial Property Owner From Predatory Lender’s Bad Faith Foreclosure Suit

Adam Leitman Bailey P.C., achieved an instant victory for its client, a borrower under a commercial loan, as a New York Supreme Court Judge, ruling from the bench, denied a lender’s bid to appoint a receiver for the borrower’s commercial property and simultaneously dismissed the lender’s foreclosure suit. The victory was the result of a  Full Article…

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Adam Leitman Bailey, P.C. Prevails as Second Circuit Upholds Title of Developer That Acquired Property Sold in H.U.D. Auction

Second Circuit Affirms Ruling Where Foreclosure Is Limited  to Bidders to Governmental Entities, Local housing fund development corporations (HFDCs) and Lien holders. The U.S Court of Appeals for the Second Circuit upheld the right of a municipal/private development partnership to acquire a low-income apartment complex from the U.S. Department of Housing and Urban Development (HUD)  Full Article…

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Using the Judicial System to Abate the Foreclosure Crisis

By Adam Leitman Bailey And Rachel Sigmund Adam Leitman Bailey is the principal of Adam Leitman Bailey, P.C. in New York, New York. Rachel Sigmund is a third-year law student at the Rutgers University School of Law-Newark. Many stagnant foreclosures in the United States have been stuck in the judicial process for more than two  Full Article…

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The Warranty of Habitability: An Unexpected Hazard in Home Mortgage Foreclosure

By Adam Leitman Bailey and Dov Treiman Most attorneys and nearly all educated tenants in this State are aware of the existence of the warranty of habitability. Few may know that it is statutory in basis, fewer care that it contradicts the common law, but most would be surprised by the types of occupancy to  Full Article…

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Despite ‘Jones,’ Ambiguities In Title Chain Can Be Cured

By Adam Leitman Bailey and Dov Treiman When the Supreme Court decided Jones v. Flowers,1 it exacerbated a nagging problem for the title insurance industry – the necessity to do constitutional analysis when examining chains of title. With the current state of the economy, tax foreclosures are increasing. Thus, more properties have these ambiguities in  Full Article…

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Lenders can foreclose on properties, even after losing the note

4:57 pm, October 8, 2012 By Adam Leitman Bailey, founding partner, and Jackie Halpern Weinstein, associate, Adam Leitman Bailey, P.C. Prominent real estate attorney Joseph Forte recently wrote about “… the prospect of refinancing nearly $1.8 trillion of existing U.S. commercial real estate debt in the next five years.” In order to complete this task  Full Article…

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