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Foreclosure Litigation Group

Adam Leitman Bailey, P.C.’s Foreclosure and Title Litigation Group has expertise in title litigation and prosecuting residential and commercial mortgage foreclosure proceedings throughout New York State.

Adam Leitman Bailey, P.C represents many of the largest banks in the world, both directly and with the most prominent mortgage loan servicing companies. Adam Leitman Bailey, P.C handles the foreclosure proceeding as early as ensuring proper service of the §1304 Ninety Day Notice, action commencement, and loss mitigation, all the way through transferring the premises by Referee’s Deed, REO closings, and claiming and obtaining surplus funds. Adam Leitman Bailey, P.C negotiates, structures, and drafts Purchase and Sale Agreements for the transfer of Notes, Forbearance Agreements between Lenders and Borrowers, and Agreements to Assign Foreclosure Bids between the highest bidders and interested purchasers prior to closing. Adam Leitman Bailey, P.C. continues to represent the lenders and note holders after bankruptcy filings as well, including moving for relief from the automatic stays imposed, filing proofs of claim, and spearheading 363 sales.

Adam Leitman Bailey, P.C.’s attorneys are extensively trained in investigation and fraud detection and represents leading lenders in defending their priority lien positions against title defects. The title insurance defense work covers a substantial breadth, ranging from lien priority disputes, boundary discrepancies, and non-recordation defects to mortgage fraud, mortgage rescue schemes, and forgeries.

As one of New York’s premier real estate litigation firms, Adam Leitman Bailey, P.C. has participated and prevailed in many of the most important New York real estate cases of the new millennium, as reflected in numerous published and unpublished decisions on novel legal issues. Adam Leitman Bailey, P.C.’s attorneys have won over a thousand cases in the courts in the state of New York including State Supreme, housing, civil and federal courts in addition to over 250 appellate court cases, many at New York’s highest court, the Court of Appeals.

Adam Leitman Bailey, P.C.’s successes have led to the highest honors and awards from the bar and ranking organizations. Adam Leitman Bailey, P.C. is the only real estate litigation and foreclosure litigation law firm with under 30 attorneys that has received an AV® Martindale-Hubbell rating,  Super Lawyers  honors with a Top 100 recognition, Best Lawyers awards for the firm and attorneys, selected among America’s Top 100 Bet-The-Company Litigators, and selection into the Registry of Preeminent Lawyers as well as the American College of Real Estate Lawyers.

The Commercial Observer named Adam Leitman Bailey as one of New York’s Most Powerful Real Estate Attorneys. Real Estate Weekly recognized him as, “one of the most respected commercial real estate attorneys in not only New York City, but arguably the country.” The New York Times referred to his legal strategy and legislation proposed in one case as “novel,” in addition to remarking on another case in which “Adam Leitman Bailey fought on…grinding through excruciating detail and obscure Perry Mason moments.” A New York State judge wrote that one Adam Leitman Bailey, P.C. attorney “was the best trial lawyer I saw in my nine years as a Judge in New York City.” A New York State judge in Kings County stated that an Adam Leitman Bailey, P.C. attorney that he had known for fifteen years ““is a brilliant lawyer and innovative who always worked zealously on behalf of his clients.

Adam Leitman Bailey, P.C. is also the only real estate litigation law firm in New York City named by the internationally esteemed Chambers & Partners among New York’s Leading Real Estate Lawyers. Chambers & Partners noted that Adam Leitman Bailey received “enthusiastic praise for his expertise” and “a tenacious and confident litigator who is quick-witted in court and respected by the judges.” In other years, Chambers & Partners remarked that Adam Leitman Bailey is “an extraordinary practitioner who gets great results,” quoting a client on Adam Leitman Bailey’s “ability to anticipate things before they happen.”

Real Estate Weekly also noted that “Adam Leitman Bailey has made a name for himself with his success winning cases in the courtroom.” After Adam Leitman Bailey, P.C. used a forgotten statute to prevail in a landmark federal case, The Wall Street Journal quoted a prominent New York attorney calling the holding a “game changer” affecting real estate nationwide.

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