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…
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Shady Business Dealings, Adam Leitman Bailey, P.C. Secures Favorable Settlement For Its Client
In a case where an investor was swindled by his business partner, Adam Leitman Bailey, P.C. was able to quickly secure a settlement saving its client’s investment. The investor purchased a property with the intent of developing and constructing a residential property to sell. In order to develop this new residential property, the investor entered in 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…
Adam Leitman Bailey, P.C. Defeats Claim Against Title Company Regarding a Purported Negligent Search
Adam Leitman Bailey, P.C. was retained by a title company in connection with a claim that the search performed by the title company was negligent. The title company was retained by the purchaser of the property in connection with the sale of a property that was inherited after the death of seller’s father. Seller represented Full Article…
Adam Leitman Bailey, P.C. Defeats Statute of Limitations Argument in Foreclosure Action Using Recent Court of Appeals Precedent
Adam Leitman Bailey, P.C. was retained by the note owner to take over its representation in a problematic foreclosure action. This particular loan was the subject of two prior foreclosure actions in addition to the instant action. The borrower argued that the loan was time barred by the statute of limitations because the first action was Full Article…
Adam Leitman Bailey, P.C. Revives a Time-Barred Mortgage Loan on Appeal
Adam Leitman Bailey, P.C. was retained by the note owner to salvage a 2007 foreclosure action that was dismissed pursuant to CPLR § 3216 for the Plaintiff’s prior counsel’s alleged failure to prosecute. By virtue of the CPLR § 3216 dismissal, foreclosure of the loan was then time-barred by the statute of limitations, and the Full Article…
Bet The Skyscraper Negotiation
Between Covid-19 and the government’s shut down of the City of New York and its real estate, the disaster that hit New York had never been replicated before. For the skyscraper that is the subject of this case study, almost 50 percent of the commercial tenants stopped paying rent or completely moved out of the Full Article…
Becoming a Real Estate Lawyer – Adam Leitman Bailey
It’s the law of the land, which means there’s a lot to learn for anyone considering becoming a lawyer in this area. Adam Leitman Bailey’s dedicated real estate attorneys tell us about the challenge of keeping up with ever-evolving laws; how the bustle of New York City presents all kinds of litigious and transactional opportunities; Full Article…
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