At the present time, finding real estate property to buy has been compared to finding the Loch Ness Monster or Bigfoot. Buyers of land have become more creative and aggressive than ever before in trying to develop property for an anxious public. This search has resulted in a demand to discover options to remove restrictions Full Article…
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Application of the Adverse Possession Amendments
By Adam Leitman Bailey and John M. Desiderio June 10, 2015 In 2008, the New York Legislature enacted sweeping changes to Article 5 of the Real Property Actions and Proceedings Law (RPAPL) that governs the circumstances under which title to real property may be acquired by adverse possession. The legislation was intended to overturn the Full Article…
A Practitioner’s Guide to Litigating Party Walls
New York Law Journal By: Adam Leitman Bailey and Dov Treiman April 8th, 2015 One developer-client once told us, “horse racing is not the sport of kings—litigation is.” During the greatest high end real estate market in the history of our country, the ultra wealthy or the corporate kings have battled in our courts for Full Article…
A Lender’s Duty To Investigate Its Borrower
By: Adam Leitman Bailey & John M. Desiderio Adam Leitman Bailey is the founding partner of Adam Leitman Bailey, P.C., in New York, New York. John M. Desiderio is a partner in the New York, New York, office of Adam Leitman Bailey, P.C. ……………….. Until recently, a mortgage lender preparing to give a loan needed Full Article…
Setting New Precedent, ALBPC Obtains A Victory for Condominium Board
In The Board of Managers of 266 West 115th Street Condominium v. 266 West 115th Street, LLC, et al., Index No. 159552/2014 [Sup Court, NY County 2013], a precedent-setting decision, Adam Leitman Bailey, P.C. obtained a victory that could benefit Condominiums throughout Manhattan. The following two critical issues were presented in this case: (i) whether Full Article…
Construing the HETPA Foreclosure Procedures, New York Law Journal
By Adam Leitman Bailey and Dov Treiman June 8th, 2011 As governments continue to wage war in the form of legislation against lending institutions, we move one step closer to economic chaos and the collapse of marketable title. When business cannot rely on government and courts to enforce contracts and provide for the smooth transfer Full Article…
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…
Adverse Possession Changes Make Results Less Certain, New York Law Journal
By Adam Leitman Bailey and John Desiderio February 11th, 2009 On July 8, 2008, Governor Paterson signed into law S.7915-C, which amended New York’s adverse possession law, and two centuries of New York adverse possession doctrine came to an end. The new law is intended to prevent an absentee landowner from losing title to his Full Article…
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