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A Practitioner’s Guide to Understanding Interest

April 12, 2017 By Adam Leitman Bailey and Dov Treiman While prohibited in some religious traditions,1 interest is one of the most pervasive concepts in the American economy. Seemingly simple on its surface, it presents a bewildering amount of complexity as soon as one digs into its legal implications. Real Estate practitioners must know the  Full Article…

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Discharge of Ancient Mortgages in New York

Title Insurance companies are under attack by governmental officials. Few other real estate businesses suffer the unjustified, frequent assaults by government officials like the title insurance profession. The difficulty in understanding their function and underestimating their necessity for the safe transfer of real estate requires real estate practitioner’s to raise their pens to protect our  Full Article…

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Correcting the MERS Errors to Establish a Secure, Profitable National Title System, Real Estate Law & Industry Report

By Adam Leitman Bailey and Dov Treiman October 4th, 2011 In Homer’s Odyssey, the protagonist, Odysseus, is called upon to sail his crew through the Straits of Messina, passing between two legendary monsters, Scylla and Charibdis. To avoid one, the only option was to approach the other, risking a horrible death in either instance. Odysseus  Full Article…

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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…

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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…

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