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Adam Leitman Bailey, P.C. Defeats Title Claim for Deutsche Bank

Deutsche Bank was faced with a lawsuit in which a debtor tried to nullify two of its mortgages. In December 2006, the plaintiff alleged that her niece was without the authority to transfer the plaintiff’s home in Queens, New York. The plaintiff claimed that even though her niece was the plaintiff’s court-ordered guardian, she failed to file a bond pursuant to the mental hygiene law, among other things, which invalidated the guardianship order, and, therefore, voided the transfer and invalidated the two mortgages that were given afterwards.

Adam Leitman Bailey, P.C. was hired to fight on behalf of the current holder of the loan, Deutsche Bank. Although the guardianship issue was certainly litigable, Adam Leitman Bailey, P.C. successfully argued that the plaintiff ratified the transfer, as the invoices for the loan payments were being mailed directly to the plaintiff’s home, and that whether the plaintiff made the payments or not, the plaintiff was aware that payments were being made and was receiving the benefits from those payments (namely, the bank was not foreclosing on her home).

The Title Litigation Group at Adam Leitman Bailey, P.C. avoided trial and won a complete discontinuance of the title claim, with Adam Leitman Bailey, John Desiderio, and Jackie Halpern Weinstein representing the firm.

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