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April 13, 2011 |

The Race to Erase Recording Mistakes

Adam 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.
11 minute read
October 09, 2013 |

Sandy, One Year Later: Issues Facing Property Owners

In their Insurance Litigation column, Adam Leitman Bailey and Dov Treiman of Adam Leitman Bailey, P.C, review several Sandy-related real estate cases on commercial leasing, insurance coverage and other related issues, providing useful instruction for the kinds of actions a landowner must take to prepare for the next natural or civil disaster to afflict New York City.
11 minute read
December 09, 2009 |

New Rules Aim to Curb Excessive Closing Costs

Adam Leitman Bailey, founding partner of Adam Leitman Bailey, P.C., and Dov Tremain, a partner at the firm, write that under new HUD regulations, borrowers will better understand the loan product being offered as well as the real cost of a loan and relevant closing fees. The chief tools the law uses to achieve its goals are the mandatory Good Faith Estimate and HUD-1 Closing Statement forms, both of which already existed, although they bore almost no resemblance to the new forms. Yesterday's toothless, incomprehensible and relatively useless GFE has been replaced with a three-page compressive GRE form - one adopted by HUD only after the kinds of market studies one would normally expect from a major corporation looking to launch a new product line.
14 minute read
MH RESIDENTIAL 1, LLC, pet-res, v. JOHN BARRETT res-ap, “JOHN DOE,” ET AL., res
Publication Date: 2013-01-28
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Tom, J.P., Saxe, Moskowitz, Abdus-Salaam, Gische, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 9055

9055. MH RESIDENTIAL 1, LLC, pet-res, v. JOHN BARRETT res-ap, "JOHN DOE," ET AL., res — Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for ap — Axelrod,

AHMAD ALAVIAN plf-res, v. TED ZANE, def-ap, ARNOLD ROSS, def
Publication Date: 2012-12-13
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Andrias, J.P., Friedman, DeGrasse, Manzanet-Daniels, Gische, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 8785

8785. AHMAD ALAVIAN plf-res, v. TED ZANE, def-ap, ARNOLD ROSS, def — Ateshoglou & Aiello, P.C., New York (Steven D. Ateshoglou of counsel), for ap — Adam Leitman Baile

August 08, 2012 |

Using the Judicial System to End the Foreclosure Crisis in New York

In 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.
9 minute read
November 22, 2010 |

New Use for an Old Tool: Collecting Rent With an Account Stated

Adam Leitman Bailey, founding partner at Adam Leitman Bailey, P.C., and Dov Treiman, a partner at the firm, write that for landlords who take all of the proper steps, accounts stated are peculiarly suitable for motions for summary judgment, even cutting edge.
12 minute read
August 12, 2009 |

State High Court Decision Exorcises Ghosts of Liens Past

Adam Leitman Bailey and Dov Treiman, partners of Adam Leitman Bailey, P.C., write that in a triumph for the title industry, but an apparent blow for judgment creditors, the Court of Appeals recently held that judgment liens renewed in New York will only obtain junior priority unless the judgment creditor completes the renewal process during the 10th year of the lien's life. The problem with that process is that if it may take more time than the law allows to prevent gaps in the judgment's lien status.
11 minute read
BOARD OF MANAGERS OF 184 THOMPSON STREET CONDOMINIUM, plf-ap, v. 184 THOMPSON STREET OWNER LLC def-res
Publication Date: 2013-05-20
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Tom, J.P., Andrias, Renwick, DeGrasse, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 10106

10106. BOARD OF MANAGERS OF 184 THOMPSON STREET CONDOMINIUM, plf-ap, v. 184 THOMPSON STREET OWNER LLC def-res — Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for

April 11, 2012 |

The New Rules of Foreclosure Litigation

In their Title Litigation column, Adam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey, P.C., review some of the most important foreclosure cases decided in this new era of mortgage and foreclosure litigation, writing that as a general rule, the courts continue to show far greater restraint against enforcing lenders' claims, but when lender's counsel prepares the papers meticulously in accordance with the new laws, properties do go to judgment and sale.
12 minute read

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