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. Wins a Foreclosure Notice Issue of First Impression in the First Department
In a mechanic’s lien foreclosure auction, Adam Leitman Bailey, P.C. was retained post-auction on behalf of the third-party purchaser. The prior owner moved to vacate the sale. After an initial round of motion practice, the Court issued an interim order referring the case to a special referee for a hearing on 2 separate grounds: (1) Full Article…
In Greene County, Adam Leitman Bailey P.C. Successfully Settles Foreclosure Action in Court and Takes Possession of Home
Adam Leitman Bailey, P.C. handles foreclosure actions throughout the state of New York. But unlike most of the other firms that do the same, Adam Leitman Bailey, P.C.’s own attorneys, who are fully knowledgeable in the case, make the appearances personally to get the actions favorably resolved for the lenders. Many judges in the upstate Full Article…
Adam Leitman Bailey, P.C. Defeats Application for Stay Pending Appeal, Defeats Renewal Motion, and is Awarded Judgment Of Foreclosure and Sale
In a foreclosure action being repeatedly delayed by the tactics of the Borrower, Adam Leitman Bailey, P.C. was retained to change in as counsel for Plaintiff and aggressively complete the action to a Judgment of Foreclosure and Sale. The 2015 action was originally dismissed in 2018 for Plaintiff’s failure to timely move for the appointment Full Article…
Adam Leitman Bailey, P.C Utilizes “Zombie Foreclosure” Statute to Avoid Lengthy Foreclosure Process
Adam Leitman Bailey, P.C was retained by a Lender in connection with a foreclosure action of a vacant and abandoned building. Instead of moving for an Order of Reference and then having a Referee compute the amount due, the firm utilized a recent law to file a combined and expedited motion for all aspects of Full Article…
Adam Leitman Bailey, P.C. Defeats Statute of Limitations Argument in Foreclosure Action and Quiet Title Action
Adam Leitman Bailey, P.C. was retained by a Lender in connection with a foreclosure action and a quiet title action. The Lender’s predecessor in interest commenced a prior foreclosure action in 2009 that was ultimately dismissed without prejudice by the First Department Appellate Division on November 21, 2019. In response to the dismissal of the 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…
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