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…
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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…
A Practitioner’s Guide to Understanding Interest
April 12, 2017 By Adam Leitman Bailey and Dov Treiman While prohibited in some religious traditions,1 interest is one of the most pervasive concepts in the American economy. Seemingly simple on its surface, it presents a bewildering amount of complexity as soon as one digs into its legal implications. Real Estate practitioners must know the Full Article…
Acceleration Clause in Foreclosure Actions: New Rules
February 8, 2017 By Adam Leitman Bailey and Adam M. Swanson The use of an acceleration clause in a mortgage foreclosure action provides an important and expedient tool when foreclosing on a property. This article focuses on recent case law and discusses some of the benefits and pitfalls when using an acceleration clause and how Full Article…
Recent Efforts to Speed Up Foreclosure Proceedings in N.Y.
August 30, 2016 Recent Efforts to Speed Up Foreclosure Proceedings in N.Y. As a result of governmental intervention, New York boasts one of the longest foreclosure timelines in the country, taking an average of 1,061 days from the date of the filing of the foreclosure action to the sale of the property at auction, which Full Article…
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