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Allegations of Mortgage Fraud Defeated at Deposition

One of the country’s foremost title insurance companies hired Adam Leitman Bailey, P.C. to defend them against claims by the plaintiffs that they had been defrauded into selling their house.

The plaintiffs filed a complaint and claimed that it was sufficiently detailed to avoid the need for any further discovery. Adam Leitman Bailey, P.C. made a motion to compel discovery in Supreme Court and the judge ordered the plaintiffs to respond, commending Adam Leitman Bailey, P.C. on the quality of their papers and arguments.

The plaintiffs then provided discovery responses which simply objected to every question posed. Immediately, Adam Leitman Bailey, P.C. prepared another motion and the judge again agreed that the plaintiffs had acted inappropriately, ordering them to respond further. Following the discovery motions the plaintiffs for the first time indicated that they might settle the case if they received upwards of a six-figure settlement. Adam Leitman Bailey, P.C. made a four-figure offer on behalf of the title insurance company.

Adam Leitman Bailey, P.C. then conducted a full review of the thousands of documents received relating to the various mortgages, closings, and title insurance claims and concluded that the allegations of fraud could be defeated.

Adam Leitman Bailey, P.C. led the depositions of the plaintiffs and confronted each plaintiff with documentary evidence that suggested glaring inaccuracies in their testimony. Upon completion of the plaintiffs’ depositions the defense case was considerably stronger and Adam Leitman Bailey, P.C. withdrew its offer to settle the case. It is a commonly held myth at many law firms that one cannot win a case at a deposition, one can only lose it. This work done by Adam Leitman Bailey, P.C. on this case disproved that myth.

A few weeks after the depositions, the plaintiffs agreed to settle the case with the other defendants for a vastly reduced total. The settlement amount was entirely funded by other defendants and the title insurance company was once again delighted with the work of Adam Leitman Bailey, P.C.

Colin Kaufman and Pete Reid represented the title insurance company in this action in New York Supreme Court, Kings County.

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