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Recordation of the Unscannable

Reason for retaining Adam Leitman Bailey, P.C. :

A deed and a mortgage were sent for recording. The deed was successfully recorded, but the mortgage was not. While the deed was accepted, the mortgage was returned to whoever was charged with recording it as being “unscannable.” For reasons unknown, the mortgage was never sent in again for recordation. It was not discovered that the mortgage was unrecorded until the borrower defaulted on the mortgage agreement two years later, and the insured/bank sought to foreclose. Adam Leitman Bailey, P.C. was retained to protect the interests of the insured.


Adam Leitman Bailey, P.C., well-knowing the difficulties and liabilities attached to convincing a borrower, who is in default on his mortgage, to re-sign the mortgage in darker, scannable ink, immediately made an appearance at the clerk’s office and personally secured authorization from its contacts with the clerk to record the document despite the poor quality of the signatures on the mortgage. Jackie Halpern Weinstein at Adam Leitman Bailey, P.C. successfully recorded the mortgage during that same visit, which efficiently and cost-effectively concluded the action at the best possible result.

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