By: Adam Leitman Bailey & John M. Desiderio Adam Leitman Bailey is the founding partner of Adam Leitman Bailey, P.C., in New York, New York. John M. Desiderio is a partner in the New York, New York, office of Adam Leitman Bailey, P.C. ……………….. Until recently, a mortgage lender preparing to give a loan needed Full Article…
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Amendments to UCC Law and How it Affects Major Lender’s in Cooperative Lending
By: Rosemary Liuzzo Important amendments to the New York Uniform Commercial Code (UCC) were enacted as of December 17, 2014. The amendments specifically amended Articles 1, 7 and 9. As attorneys for major lenders we are particularly concerned with amendments made to Article 9 §9-503 (a)(4), “Sufficiency of debtor’s name.” The new law, which is Full Article…
Q & A: No Guarantees on Code Compliance, New York Times
By Adam Leitman Bailey May 12th, 2011 Q. Is there a law in New York City that requires a seller to give a prospective buyer a certificate of occupancy that indicates the property is in compliance with local codes? A. “There is no such requirement,” said Adam Leitman Bailey, a Manhattan real estate lawyer. “For Full Article…
Correcting the MERS Errors to Establish a Secure, Profitable National Title System, Real Estate Law & Industry Report
By Adam Leitman Bailey and Dov Treiman October 4th, 2011 In Homer’s Odyssey, the protagonist, Odysseus, is called upon to sail his crew through the Straits of Messina, passing between two legendary monsters, Scylla and Charibdis. To avoid one, the only option was to approach the other, risking a horrible death in either instance. Odysseus 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…
Adam Leitman Bailey, P.C. Saves Borrower $23,000.00 in Mortgage Tax
Our firm has recently begun representing a lender based out of Florida State for residential mortgage closings. The first refinance we closed with this new lender was for a $1.2 million dollar mortgage which at the time was held by the same lender. Our firm requested we close this mortgage with a Consolidation, Extension and Modification Agreement (CEMA). A Full Article…
Reducing Refinancing Expenses
By LISA PREVOST New York homeowners looking to refinance an existing mortgage don’t have to pay the state’s mortgage recording tax all over again. Yet they may end up doing so if their lenders don’t cooperate. The state charges a recording tax on new mortgage debt. The rate varies by county, with the minimum being Full Article…
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