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…
Adam Leitman Bailey, P.C., Uses Creative Interpretation of Note and Mortgage in Successful Defense of Title Insurer in Foreclosure Action
Adam Leitman Bailey, P.C.’s Title Insurance Claims Group was recently retained by a title insurance company to defend title to a residential property threatened by a private-party foreclosure action. In 2000, the then owner of a residential property in Queens obtained a loan from his sister in the principal sum of $36,000. The loan was Full Article…
Adam Leitman Bailey, P.C. Prevails as Second Circuit Upholds Title of Developer That Acquired Property Sold in H.U.D. Auction
Second Circuit Affirms Ruling Where Foreclosure Is Limited to Bidders to Governmental Entities, Local housing fund development corporations (HFDCs) and Lien holders. The U.S Court of Appeals for the Second Circuit upheld the right of a municipal/private development partnership to acquire a low-income apartment complex from the U.S. Department of Housing and Urban Development (HUD) Full Article…
Adam Leitman Bailey, P.C. Protects Bank of America in Common Charge Lien Foreclosure Proceeding
In The Board of Managers of House Beautiful Condominium I v. Hong, et. al., Adam Leitman Bailey, P.C. successfully protected Bank of America N.A.’s security interest in a premises in Queens, New York, in defeating Plaintiff’s claim that the insured, Bank of America, was not the first mortgagee of record as is defined in § 339-z of Full Article…
Adam Leitman Bailey, P.C. Protects Mortgage Security for JPMorgan Chase Bank, N.A.
Adam Leitman Bailey, P.C. successfully protected JPMorgan Chase Bank, N.A.’s (“Chase”) security interest in a condominium unit on Lorimer Street in Brooklyn by tracking down the seemingly lost original mortgage, along with the original underlying deed and transfer documents, and successfully ensuring the expedited recordation of all. On December 21, 2011, the original documents were Full Article…
Using the Judicial System to Abate the Foreclosure Crisis
By Adam Leitman Bailey And Rachel Sigmund Many stagnant foreclosures in the United States have been stuck in the judicial process for more than two years. This article describes how several states have addressed one of the primary legal impediments clogging the pipelines of pending or future foreclosures: lenders’ inability to locate the original mortgage Full Article…
A Roundup of Foreclosure Law Decisions in 2012,” New York Law Journal
By Adam Leitman Bailey and Dov Treiman We reviewed every Appellate Division case in the first eleven months of 2012. In raw count, the lenders beat the borrowers by a rough margin of 2:1, but that number does not necessarily reflect a swing in sensitivities. The appellate division decisions in 2012 showed strict application of the laws and Full Article…
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