CASE STUDIES

Back

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

By Jackie Halpern Weinstein


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.          

Related Attorneys

Jackie Halpern Weinstein

Related Content

“We are finally at the point in time when I can say thank you so much for your phenomenal work. Your faith in this case was wise and the outcome matches.” “Hard work and risk pays off for closing” “ROCKSTAR. That’s what you are…Jackie…How can I thank you enough for all the work you have done…” Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender ALBPC Twice Saves Tenant’s Business from Certain Death ALBPC Releases Daughter, Mere Accommodation Signer on Lease, from Lease and Allows Her to Avoid Nonpayment Proceeding Adam Leitman Bailey, P.C. Gets $215K for Board after a Botched Common Charge Lien Foreclosure Adam Leitman Bailey, P.C.’s “Watershed Case” Changes Condominium Development Original Promissory Note Lost—Lender Satisfied UCC 3-804 and Entitled to Judgment Q&A: A Broken Shower Non-Disclosure Agreements Defend Against Fishing Expeditions Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part II) Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part I) Christopher Halligan Speaks to the New York State Bar Association on Jury Trials in Landlord – Tenant Proceedings Adam Leitman Bailey Lectures for New York State Bar Association on Easements, Adverse Possession and Arcane Laws to Overcoming Building Obstacles Adam Leitman Bailey Guest Lecturer at New York Law School’s Landlord-Tenant Class NYSBA – Removing Real Estate Development Obstacles: Zoning, Restrictive Covenants, Easements, Adverse Possession and Boundary Disputes

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS