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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 End the Foreclosure Crisis in New York, New York Law Journal

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…

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Understanding, Complying With New Real Estate Settlement Procedures Act Rules

By Adam Leitman Bailey and Dov Treiman The Real Estate Settlement Procedures Act has governed costs associated with residential mortgage transactions since 1974, but it became the subject of significant controversy as reports surfaced of abuses by lenders and third-party service providers. After many halting attempts to overhaul the RESPA rules, the Department of Housing  Full Article…

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