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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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 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…
Adam Leitman Bailey, P.C. Wins Post Foreclosure Writ of Assistance; Defeats Prior Owner’s Motion to Vacate Default
Representing the buyer of a commercial property after a foreclosure sale in Suffolk County, New York, Adam Leitman Bailey, P.C. won a motion for a writ of assistance under New York Real Property Law § 221 to evict the prior owner church and to put the firm’s client into possession of the property. Simultaneously, partnering Full Article…
Not Deterred by the COVID-19 Summary Proceeding Standstill, Adam Leitman Bailey, P.C. Obtains Possession of a Luxury Home and Rent in a Post-Foreclosure Supreme Court Ejectment Action
The foreclosure buyer of a luxury home in Westchester County recently turned to Adam Leitman Bailey, P.C. for help. The closing took place in December of 2019. The owner sent eviction notices to the occupants; the notices long expired. Due to COVID-19, the owner could not effectively commence or prosecute a summary eviction proceeding. The Full Article…
On Appeal, Adam Leitman Bailey, P.C. Gets Lower Court Order Vacated In The Interest of Justice
Adam Leitman Bailey, P.C. was retained by a lender to revive a foreclosure action that was dismissed after a traverse hearing based upon failure to serve the defendant. Prior to ALBPC being retained in the action, prior counsel filed a motion for an Order of Reference which Defendant opposed by cross-motion arguing that he was Full Article…
Adam Leitman Bailey, P.C. Obtains Possession of a Luxury Home and Use and Occupancy in a Post-Foreclosure Supreme Court Ejectment Action
The foreclosure buyer of a luxury home in Westchester County recently turned to Adam Leitman Bailey, P.C. for help. The closing took place in December of 2019. The owner sent eviction notices to the occupants; the notices long expired. Due to COVID-19, the owner could not effectively commence or prosecute a summary eviction proceeding. The Full Article…
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