By Adam Leitman Bailey and Dov Treiman For the past four years, nearly every title company providing title insurance in the United States of America has been scrambling to interpret federal and state court decisions setting the rules for determining when a tax foreclosure sale will be safe from judicial knockouts. When the U.S. Supreme Full Article…
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The New Rules of Foreclosure Litigation, New York Law Journal
The New Rules of Foreclosure Litigation By Adam Leitman Bailey and Dov Treiman Since the first loans and mortgages changed hands with cloaks and stone in Israel[1] and Greece[2] thousands of years ago[3], never previously had mortgages caused a worldwide economic collapse of financial markets. Unfortunately, as the federal and state government as well as Full Article…
Moving Beyond the Mistakes of MERS to Secure a Profitable National Title System, ABA Probate & Property
by Adam Leitman Bailey, Dov Treiman Adam Leitman Bailey is the principal of Adam Leitman Bailey, P.C., in New York, New York. Dov Treiman is a partner in the New York, New York, office of Adam Leitman Bailey, P.C. In Homer’s Odyssey, Odysseus is called on to sail his crew through the Straits of Messina, Full Article…
The Race to Erase Recording Mistakes, New York Law Journal
By Adam Leitman Bailey and Jackie Halpern Weinstein To protect the integrity of this nation’s property transfer system, the robo-signing controversy must result in a better system of transferring property and loans. Beneath this public debacle exists another old timer in the world of recording: property transfer mistakes. Improper, mistaken, or wrongly executed and indexed Full Article…
Cooperative Foreclosure: The Accidental Doctrine
By Adam Leitman Bailey and Dov Treiman Although the lack of judicial supervision of the cooperative foreclosure process for default upon cooperative apartment mortgages vastly simplifies the lives of lenders’ counsel, under the latest changes in the foreclosure statutes, it creates a nightmare for the title industry insuring titles down the line from such a Full Article…
Disabled Resident Parking Spaces: Issues for Condo/Co-op Boards, Developers, BNA Real Estate Law & Industry Report
Adam Leitman Bailey and John M. Desiderio discuss the handicap laws that boards must follow and their obligations to proved disabled parking spaces.
Certifying Professionals May Be Subject to Lawsuits, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio Assured Guaranty1 and Kerusa2 decisions, the New York Court of Appeals has made it clear that preemption is no longer an issue in private securities and real estate syndication cases where plaintiffs allege common law causes of action that overlap possible violations that only the attorney general Full Article…
Rent Stabilization Constitutional? Not Now
By: Adam Leitman Bailey & Dov Treiman March 20th, 2012 When looking at Rent Stabilization from a constitutional point of view, two facts clearly emerge. First, as forty-year-old emergency legislation, it is clearly unconstitutional. Second, no judge subject to reelection or reappointment is going to agree with the first point. Thus, if anyone seeks to Full Article…
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