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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…


Recording: The Boundaries of the Whole World

By Adam Leitman Bailey, Dov Treiman and Jackie Halpern Weinstein Basic to any lawyer’s understanding of the recording statutes,1 is the concept that the proper recording of an instrument in recordable form places “the whole world” on notice of the interest claimed in the recorded instrument.2 In a July 2011 Supreme Court decision from Brooklyn,  Full Article…


Enforcing the Contract – Obtaining Down Payment on Specific Performance

By Adam Leitman Bailey and John M. Desiderio At the pinnacle of real estate law, the real estate closing may be the most basic and common real estate experience, but the familiarity ends once a provision of the contract of sale has been breached. Inspired by the number of telephone calls, e-mails, and general correspondence  Full Article…