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Adam Leitman Bailey, P.C. Wins Article 15 Quiet Title Action in Brooklyn

In US Bank v. Jackson et. al., Adam Leitman Bailey, P.C. won a judgment declaring US Bank’s priority position in connection with a mortgage, in defeating the claims of approximately one-hundred creditors and lienors. The owner of a property in Brooklyn gave a mortgage to US Bank, but the deed was suspiciously recorded with the name of the owner crossed out in ink, and the name of a “Robert R.” hand-written in. Upon recordation, therefore, over one-hundred judgments, liens, and violations against Robert R. attached to the property, and US Bank’s mortgage’s priority position was put at risk.

The title company immediately hired Adam Leitman Bailey to establish good title in the borrower and to protect US Bank’s priority position. Even though a correction deed was recorded, it was unclear as to whether US Bank would be protected against the already-attached claims. It was therefore necessary, not only to demonstrate that “Robert R.” holds no interest in the premises, and that the lienors’ claims are inferior to US Bank’s mortgage, but also to procure a written order from the judge quieting title in the borrower and confirming US Bank’s mortgage’s priority position, with explicit direction to the city register to record the order in the chain of title for the premises. Adam Leitman Bailey, P.C. triumphantly quieted title and secured the mortgage’s priority position with a recorded order in the chain of title.

Adam Leitman Bailey, P.C. was represented by John M. Desiderio as managing partner on the case, and Jackie Halpern Weinstein on drafting and oral argument in New York Supreme Court, Kings County.

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