By Adam Leitman Bailey, Esq. Now that the financial crisis has hit, some owners are experiencing cash flow problems and their lenders have stopped or seriously tightened lending. At the same time, owners want to continue to increase their property values through buying out existing rent-regulated leases. To help our clients deal with this crisis, Full Article…
Recording: The Boundaries of the Whole World
By Adam Leitman Bailey, Dov Treiman and Jackie Halpern Weinstein Basic to any lawyer’s understanding of the recording statutes,1 is the concept that the proper recording of an instrument in recordable form places “the whole world” on notice of the interest claimed in the recorded instrument.2 In a July 2011 Supreme Court decision from Brooklyn, Full Article…
Lenders can foreclose on properties, even after losing the note
4:57 pm, October 8, 2012 By Adam Leitman Bailey, founding partner, and Jackie Halpern Weinstein, associate, Adam Leitman Bailey, P.C. Prominent real estate attorney Joseph Forte recently wrote about “… the prospect of refinancing nearly $1.8 trillion of existing U.S. commercial real estate debt in the next five years.” In order to complete this task Full Article…
The Brewing MERS Crisis: Everyone Loses
By Adam Leitman Bailey and Dov Treiman 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 Charybdis. To avoid one, the only option was to approach the other, risking a horrible death in either instance. Odysseus was at times Full Article…
New Rules Aim to Curb Excessive Closing Costs
By Adam Leitman Bailey and Dov Treiman After extensive study, the federal Department of Housing and Urban Development has issued new rules under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C 2601-2617, of 1996. The regulations represent a victory for borrowers since they will impose on lenders and their allies more pricing and product Full Article…
Right of First Refusal: In Pursuit of an Effective, Litigation-Proof Proviso, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio Since biblical Abraham’s purchase of his wife Sarah’s burial plot in Hebron from Ephron the Hittite, the transfer of land has been creative, predictable and repetitive.1 Despite the familiarity of such transactions, land transfers have been the subject of an inordinate amount of litigation. Of course, the Full Article…
Calls for State Insurance Threaten Property Transfers, New York Law Journal
By Adam Leitman Bailey and Dov Treiman Currently before the State Legislature are two bills, each jointly introduced in both houses, that would inject the state in the business of title insurance, damaging New York’s standing as the capital of real estate transactions. One would broaden the power of the State Insurance Fund to provide Full Article…
Split Between Departments Muddies Subrogation Doctrine, New York Law Journal
By Adam Leitman Bailey and Dov Treiman In an era when this nation’s economic stability depends, in part, on stable and unfettered real estate transfers, equitable subrogation provides a solution to some of the cracks in the system. However, as evidenced by a split between two departments of the Appellate Division, these cracks need some Full Article…