It is amazing the lengths some borrowers will go to avoid paying their mortgages while living an a home for free. Mortgages are recorded in the normal course. In this case, however, after the closing where the borrower executed a note and mortgage for $600,00.00 the title closer never recorded the mortgage. To correct this Full Article…
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Adam Leitman Bailey, P.C. Successfully Prevents a Borrower From Delaying Entry of Judgment of Foreclosure and Sale
After successfully prosecuting a foreclosure action and obtaining summary judgment in favor of its client, Adam Leitman Bailey, P.C. brought a motion for judgment of foreclosure and sale – the last and what should be the simplest step in the foreclosure process before a lender can auction a mortgaged property. However, borrowers often engage in Full Article…
Adam Leitman Bailey, P.C. Secures Writ of Assistance For Condominium Board After Common Charge Foreclosure
Adam Leitman Bailey, P.C. was retained by a condominium board related to a unit owner, who, in addition to not paying his common charges, was also violating the governing documents of the condominium by illegally offering his unit for short-term rentals. The unit owner – an attorney himself – was trying to engage in all Full Article…
Adam Leitman Bailey, P.C. Revives Judgment Resulting in Clients Recovering Over $2.5 Million from Former Friend
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…
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…
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