NEWS & APPEARANCES
Adam Leitman Bailey, P.C. Defeats Fraud Claim; Protects Chase Bank as First Lien Holder
Even though Chase Bank's predecessor in interest, Washington Mutual, held a recorded interest in the property, Plaintiff failed to name the bank as a party to the action. In August 2008, Plaintiff was awarded a judgment voiding the deed by which Chase Bank's mortgage was executed, which exposed Chase Bank to the risk that its mortgage would no longer be secured by the property.
In a decision and order of Judge Geoffrey D. Wright dated February 7, 2011, Adam Leitman Bailey, P.C.'s motion was granted to the full extent of declaring the mortgage to be superior to the interests of the Plaintiff, and directing the Plaintiff to first pay Chase Bank the amount due on its mortgage in the event of a sale.
The Title Litigation Group at Adam Leitman Bailey, P.C. quieted title upon oral argument on a single motion, with John M. Desiderio as managing partner on the case, and Jackie Halpern Weinstein on researching, drafting, and oral argument.