February 14, 2023 | New York Law Journal
A Lender's Guide To Hiking Through the Retroactive Trails of the Foreclosure Abuse Prevention ActThis article highlights the main statutory amendments of FAPA—that took effect immediately and retroactively—and endeavors to guide lenders on adjusting its practices and procedures as needed to rightfully pursue their rights and remedies to collect on the money that was borrowed.
By Adam Leitman Bailey, Jackie Halpern Weinstein and Danny Ramrattan
10 minute read
August 17, 2021 | New York Law Journal
The Evolving Burden of Proof for Foreclosure JudgmentsAdam Leitman Bailey and Jackie Halpern Weinstein highlight the underdiscussed expanded burden now imposed by the Second Department that lenders must satisfy to successfully foreclose on a defaulted loan.
By Adam Leitman Bailey and Jackie Halpern Weinstein
10 minute read
August 08, 2012 | New York Law Journal
Using the Judicial System to End the Foreclosure Crisis in New YorkIn their Mortgage Litigation column, Adam Leitman Bailey and Jackie Halpern Weinstein of Adam Leitman Bailey, P.C. write: Many foreclosure actions are sitting stagnant for months, or even years, as a result of not only a reticent judiciary, but also the lenders' sloppy recordkeeping evidencing their standing to foreclose on a secured property. Practitioners must learn how to prove a lender's standing despite a lost note when possible, so that the foreclosures can be litigated on the merits, and the economy can start to fully rebound from the painful effects of the housing crisis.
By Adam Leitman Bailey and Jackie Halpern Weinstein
10 minute read
December 14, 2011 | New York Law Journal
Recording: The Boundaries of the Whole WorldIn their Title Litigation column, Adam Leitman Bailey, the founding partner of Adam Leitman Bailey, Dov Treiman, a partner at the firm, and Jackie Halpern Weinstein, an associate at the firm, examine a decision where the court endeavored to find some boundaries as to whom in the whole world can complain if the recording clerk records an instrument erroneously.
By Adam Leitman Bailey, Dov Treiman and Jackie Halpern Weinstein
10 minute read
April 20, 2011 | Legaltech News
The Race to Erase Property Recording MistakesThere are three common mistakes whereby property buyers and lenders lose the priority they should otherwise have under the recording statutes: improper execution, indexing, and untimely submission of documents. To these ordinary errors, the courts have had a variety of responses. The use of modern technology, however, could eliminate most human errors.
By Adam Leitman Bailey and Jackie Halpern Weinstein
12 minute read
April 13, 2011 | New York Law Journal
The Race to Erase Recording MistakesAdam Leitman Bailey and Jackie Halpern Weinstein of Adam Leitman Bailey, P.C. write: Beneath the public debacle of the robo-signing controversy exists another old timer in the world of recording: property transfer mistakes. The use of modern technology could eliminate most of these human caused problems, and a relatively minor investment of governmental funds could pay back enormous gains in modernizing the system.
By Adam Leitman Bailey and Jackie Halpern Weinstein
12 minute read
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