Adam Leitman Bailey, P.C. Secures Judgment Of Foreclosure and Sale for Its Lender Client Despite the Borrower’s Strategic Delay Tactics
Adam Leitman Bailey, P.C. represented a lender in a foreclosure action where the borrower continued to delay the action to continue collecting rental income from the property.
At first, the borrower sought to modify the mortgage. The lender, in good faith, extend a modification offer to the borrower, but the borrower declined. Clearly, this was a delay tactic meant to prolong the action.
After the case was released from conferencing. Adam Leitman Bailey, P.C. quickly secured an Order of Reference and Summary Judgment despite borrower cross-moving and opposing based upon him trying to get a modification. The borrower set forth specific terms that he wanted to modify the mortgage which were not aligned to the lender’s modification offer. The Court determined that the lender did not have to make the exact offer that defendant wanted, and that the failure of the lender to make the exact offer is not a lack of good faith.
Adam Leitman Bailey, P.C. quickly prepared a motion for Judgment of Foreclosure and Sale and submitted it to the Court. Given the decision for the prior motion, the borrower and his attorney both knew that borrower had no defense for this action. Therefore, there next strategy to delay the action was for the attorney to move to be relieved as counsel.
Borrower’s counsel filed an order to show cause, which effectively stayed the action pending the appearance on the motion to be relieved as counsel.
At the return date of the order to show cause, the Judge issued an order whereby she adjourned the motion for Judgment of Foreclosure Sale to the same day as an in-person status conference. The judge also relieved borrower’s counsel and set the return date to allow the borrower to retain new counsel and oppose the motion.
On the status conference day, which was also the return date of the motion for judgment of foreclosure and sale, the borrower failed to appear or have a new attorney appear on his behalf. Initially, the judge questioned whether the borrower was aware of the appearance, but Adam Leitman Bailey, P.C. informed the judge that the borrower appeared at the last appearance and reminded the judge that she included a notation on the prior order to prove that the borrower was fully aware of the return date.
Due to this hand-holding by Adam Leitman Bailey, P.C. the judge agreed to mark the motion for judgment of foreclosure and sale fully submitted.
Thereafter, the judge granted the motion for judgment of foreclosure in sale in its entirety, adopting all of Adam Leitman Bailey, P.C. ‘s arguments.
Jackie Halpern Weinstein, Esq. and Courtney Lerias, Esq. of the Foreclosure Litigation Group at Adam Leitman Bailey, P.C. secured this result for the lender.