August 8th, 2012 Standard foreclosure proceedings have been put on pause. This article endeavors to provide instruction on how to cure one of the most frequently stumbled upon legal impediments to litigating these actions—the lost note. Many foreclosure actions are sitting stagnant for months, or even years, as a result of not only a reticent Full Article…
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‘Miller-Francis’: A Disturbance in the Force, New York Law Journal
By Adam Leitman Bailey and Dov Treiman April 9th, 2014 When the Empire destroyed the planet Alderaan in Star Wars IV, Obi-Wan Kenobi sensed “a great disturbance in the Force, as if millions of voices suddenly cried out in terror, and were suddenly silenced.” When the Appellate Division, First Department decided Miller-Francis v. Smith-Jackson,1 there Full Article…
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…
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…
Using the Judicial System to Abate the Foreclosure Crisis
By Adam Leitman Bailey And Rachel Sigmund Many stagnant foreclosures in the United States have been stuck in the judicial process for more than two years. This article describes how several states have addressed one of the primary legal impediments clogging the pipelines of pending or future foreclosures: lenders’ inability to locate the original mortgage Full Article…
A Roundup of Foreclosure Law Decisions in 2012,” New York Law Journal
By Adam Leitman Bailey and Dov Treiman We reviewed every Appellate Division case in the first eleven months of 2012. In raw count, the lenders beat the borrowers by a rough margin of 2:1, but that number does not necessarily reflect a swing in sensitivities. The appellate division decisions in 2012 showed strict application of the laws and Full Article…
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…
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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