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Adam Leitman Bailey, P.C. Defeats Borrower’s Motion to Vacate a Judgement of Foreclosure and Sale for Title Company


In Boxwood Funding, LLC v. Fimag Realty Corp., et al., Adam Leitman Bailey, P.C. successfully defeated Defendant Fimag’s motion to vacate the Judgment of Foreclosure and Sale that was previously entered in this foreclosure action, under which Judgment ALB, P.C.’s client took title to the premises after the foreclosure sale.   

Defendant Fimag brought a motion to vacate a Judgment of Foreclosure sale arguing that the sale is defective and should be vacated, as it allegedly took place under an expired Notice of Pendency.  It is well established law in the State of New York, however, that a Successive Notice of Pendency can be filed in a foreclosure action without permission from the Court (CPLR 6516(a)), which was the case here.

Adam Leitman Bailey, P.C. was retained to protect the interests of the current owner of the premises. ALB, P.C. cross-moved to intervene in the action as a necessary party and, simultaneously, opposed the motion to vacate the Judgment of Foreclosure and Sale citing to CPLR 6516(a) and providing the court with a stamped copy of the filed Successive Notice of Pendency in the action.

After oral argument before the Honorable Shlomo S. Hagler, J.S.C., ALB, P.C.’s cross- motion to intervene was granted and Fimag’s motion to vacate the Judgment of Foreclosure and Sale was denied, in its entirety, at the bench, thereby protecting the interests of the current owner at no additional cost to the title company.

Jackie Halpern Weinstein, Esq. of the Title Litigation Group at Adam Leitman Bailey, P.C. strategized, drafted, argued, and won this case for the firm.          

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS