In a friendship gone bad, Adam Leitman Bailey, P.C. was retained by clients (“Plaintiffs”) who had a Judgment of Foreclosure and Sale (“JFS”) that was over five years old. The Plaintiffs were not traditional lenders but rather were assigned the JFS and the underlying loan when their former friend (“Defendant”) requested a gigantic favor from Full Article…
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Adam Leitman Bailey, P.C. Successfully Establishes that Plaintiff Lacked Standing in A Prior Foreclosure Action in Order to Defeat Defendant’s Motion to Dismiss for Statute of Limitations in a Pending Foreclosure Action
In a highly contested foreclosure action, Adam Leitman Bailey, P.C. was retained to step in as counsel for the new purchaser of the note and mortgage being foreclosed. The record owner Defendant moved to dismiss the action arguing that the loan was time barred by the six-year statute of limitations due to a prior action Full Article…
Adam Leitman Bailey, P.C. Defeats Dismissal Motion In Problematic Foreclosure Action
Adam Leitman Bailey, P.C. was retained by a Lender to take over a disastrous 7-year-old foreclosure action that was already plagued with an order tolling interest to the detriment of the Lender for prior delays in the action. Defendants moved to dismiss the action pursuant to CPLR § 3215(c) for the Lender failing to take Full Article…
Adam Leitman Bailey, P.C. Vacates Covid-19 Hardship Declaration Filing Stay in a Case of First Impression
Adam Leitman Bailey, P.C. was retained by a lender to commence foreclosure proceedings against a borrower LLC on a residential property. Notably, the LLC’s member specifically represented at origination that the mortgaged premises would be an investment property and executed an occupancy affidavit to that effect. Lender was granted summary judgment and an Order of Full Article…
Adam Leitman Bailey, P.C. Wins Summary Judgment in Post-Foreclosure Holdover Proceeding and Achieves Eviction
Representing the buyer of a foreclosed property in Queens, Adam Leitman Bailey, P.C. prosecuted a holdover proceeding during COVID, won summary judgment of possession, and achieved a marshal’s eviction in November 2021. The owner bought the property in 2019 pursuant to a referee’s deed in foreclosure and filed the eviction proceeding in early 2020 through Full Article…
Adam Leitman Bailey, P.C. Wins Trial; Vacating Mechanics Lien Foreclosure Sale Denied
Adam Leitman Bailey, P.C. was retained to represent the purchaser in a mechanic’s lien foreclosure of a commercial building in upper Manhattan which had proceeded to auction and sale. The client was the high bidder. After Adam Leitman Bailey, P.C.’s client paid just over a million dollars and was deeded the property, the prior owner Full Article…
Adam Leitman Bailey, P.C. Defeats Adversary’s Last-Minute Plea to Court and Secures Win for Client in Foreclosure Action
Before the onset of the COVID-19 pandemic, a lender hired Adam Leitman Bailey, P.C. to commence an action in New York State Court to foreclose a mortgage the LLC borrower defaulted on in 2019. Through counsel, the borrower filed an Answer, and Adam Leitman Bailey, P.C. subsequently filed a Motion for Summary Judgment and Order Full Article…
Adam Leitman Bailey, P.C. Wins Post-Foreclosure Writ of Assistance
Adam Leitman Bailey, P.C. was retained by foreclosure lender (“Plaintiff”) to commence a foreclosure auction. Adam Leitman Bailey, P.C. prosecuted the action, secured a Judgment of Foreclosure and Sale, and auctioned the property. Plaintiff was the high bidder at the sale and the property reverted to Plaintiff by referee’s deed. Although Plaintiff took ownership of the property, the Full Article…
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