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…
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Developments in Loft Law Case Law and Legislation
Although the rights and laws of loft law owners are being debated in the halls of the legislature as we write, no field of law has seen a greater slowing in development than Loft Law landlord-tenant rights. However, that does not change the fact that there have been such developments, both legislatively and in the Full Article…
In Erie County Action, Adam Leitman Bailey, P.C. Holds Foreclosure Auction and Closes to Third-Party High Bidder
With the continuing COVID-19 legislation staying foreclosures during the pandemic, lenders are stalled in prosecuting its actions and are having even more difficulty completing an auction. In this Erie County post-judgment of foreclosure and sale action, immediately upon the issuance of the COVID-19 conference requirements, Adam Leitman Bailey, P.C. requested that the required conference be set and then diligently followed Full Article…
The Evolving Burden of Proof for Foreclosure Judgments
By Adam Leitman Bailey… Judgments of foreclosure and sale granted in favor of lenders are being reversed. This article highlights the underdiscussed expanded burden now imposed by the Second Department that lenders must satisfy to successfully foreclose on a defaulted loan. Many foreclosure proceedings already at the judgment stage are being unwound for the proofs Full Article…
Want Low Turnover and High Profitability? Focus on Merit-Based Compensation and Benefits
My law firm turned 20 years old on January 3rd. Throughout its history, the firm’s turnover rate for attorneys has been meager and we’ve had an average retention rate of more than 95% per year. This high retention rate has assisted in attracting the best candidates, and clients enjoy having the stability of working with Full Article…
Creative Methods for Closing During COVID-19
By Rosemary Liuzzo Mohamed and Carly Clinton The transactional world faced many challenges during the pandemic. A traditional purchase/sale closing takes place in a small conference room filled with six to ten individuals passing pens and papers and leaning over each other’s shoulders. Sitting shoulder to shoulder in a tight space is not ideal given Full Article…
Remote Notarization for Refinance Closings
By Rosemary Liuzzo Mohamed and Carly Clinton A select group of lenders allow the use of remote notarization to conduct refinance closings. During COVID-19 some borrowers were self-quarantining and therefore unable to attend a traditional in-person closing for their refinances. Being able to conduct the closing through audio/visual mechanisms allowed our firm to continue closing Full Article…
New York’s Commercial Lease Defenses to Paying Rent
By Adam Leitman Bailey and Dov TreimanSeptember 2020 ew York is in one of its worst depressions since the American Revolution. Few landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19’s wrath. Not including what may have been negotiated in a commercial lease, there are three traditional theories Full Article…
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