Adam Leitman Bailey, P.C. Defeats Multiple Attempts By Borrower To Vacate A Foreclosure Sale
Adam Leitman Bailey, P.C. was retained by a lender to foreclose a business purpose loan. After successfully prosecuting the foreclosure action, the property was sold at a foreclosure auction, and the lender was the successful bidder on credit. As a result of careful crafting of the judgment of foreclosure and sale, Adam Leitman Bailey, P.C. was able to secure a judgment of possession and a writ of assistance (for eviction) for the lender post-auction, without the need for a separate housing court proceeding.
In an effort to stall the lender’s lawful possession of the property, the borrower first filed an Order to Show Cause seeking to vacate the foreclosure sale, the judgment of possession, and the writ of assistance on the ostensible grounds that the notice of sale was not served upon the borrower. The emergency motion also sought a temporary restraining order preventing the lender from taking possession until the order to show cause was decided. At the hearing on the temporary restraining order, Adam Leitman Bailey, P.C. successfully pointed out that the borrower’s entire basis for the order to show cause lacked merit (i.e. the notice of sale was, in fact, properly served upon the borrower), and the Court declined to sign the order to show cause in its entirety, agreeing with Adam Leitman Bailey, P.C.
Undeterred, the borrower brought another motion, this time seeking to vacate the foreclosure sale on the grounds that the notice of sale was not published. Adam Leitman Bailey, P.C., however, was able to demonstrate to the Court that the notice of sale was published exactly in accordance with the requirements of the judgment of foreclosure and sale, as it retained a copy of the published notice of sale, as well as affidavits of publication and posting, and, as a result, the borrower’s motion was summarily denied.
In foreclosure proceedings, borrowers often make a litany of technical arguments in an effort to avoid the consequences of their defaults, with the hope that a foreclosing lender made a mistake during the foreclosure process. For this reason, the foreclosure team at Adam Leitman Bailey, P.C. is diligent in its compliance with all aspects of foreclosure law, resulting in successful outcomes for lenders, such as this.
Jackie Halpern Weinstein, Esq., Courtney J. Lerias, Esq., and Danny Ramrattan, Esq. of the Foreclosure Litigation Group at Adam Leitman Bailey, P.C. successfully achieved this favorable result for the client.