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…
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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…
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 is almost double the national average of 625 days.1 Most of these Full Article…
The Most Significant Title and Foreclosure Cases of 2015
October 14, 2015 By Adam Leitman Bailey and Dov Treiman Since one author, Adam Leitman Bailey, started practicing law 20 years ago, when a terrible court decision without any basis in law would arrive, we would be thankful that the Court of Appeals was in session and had the final word. Those days are gone Full Article…
Construing the HETPA Foreclosure Procedures, New York Law Journal
By Adam Leitman Bailey and Dov Treiman June 8th, 2011 As governments continue to wage war in the form of legislation against lending institutions, we move one step closer to economic chaos and the collapse of marketable title. When business cannot rely on government and courts to enforce contracts and provide for the smooth transfer Full Article…
Using the Judicial System to End the Foreclosure Crisis in New York, New York Law Journal
August 8th, 2012 Standard foreclosure proceedings have been put on pause. This article endeavors to provide instruction on how to cure one of the most frequently stumbled upon legal impediments to litigating these actions—the lost note. Many foreclosure actions are sitting stagnant for months, or even years, as a result of not only a reticent Full Article…
‘Miller-Francis’: A Disturbance in the Force, New York Law Journal
By Adam Leitman Bailey and Dov Treiman April 9th, 2014 When the Empire destroyed the planet Alderaan in Star Wars IV, Obi-Wan Kenobi sensed “a great disturbance in the Force, as if millions of voices suddenly cried out in terror, and were suddenly silenced.” When the Appellate Division, First Department decided Miller-Francis v. Smith-Jackson,1 there Full Article…
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