Adam Leitman Bailey, P.C. Wins Post-Foreclosure Writ of Assistance
Adam Leitman Bailey, P.C. was retained by foreclosure lender (“Plaintiff”) to commence a foreclosure auction. Adam Leitman Bailey, P.C. prosecuted the action, secured a Judgment of Foreclosure and Sale, and auctioned the property. Plaintiff was the high bidder at the sale and the property reverted to Plaintiff by referee’s deed.
Although Plaintiff took ownership of the property, the prior owners remained in possession. Accordingly, the Plaintiff turned to Adam Leitman Bailey, P.C. to evict the prior owners. With housing courts stalled due to COVID-19, ALBPC got creative and moved within the foreclosure action for a writ of assistance pursuant to New York Real Property Law § 221 to evict the prior owners.
In accordance with the statutory requirements, Adam Leitman Bailey, P.C. exhibited the certified deed to the prior owners and demanded possession of the property. Adam Leitman Bailey, P.C. then moved by order to show cause for a writ of assistance to evict. In support of the motion, the firm argued that all prerequisites for a post-foreclosure writ of assistance were met, namely: (i) the judgment of foreclosure and sale directed that the purchaser be let into possession; (ii) prior to making application for the writ, the deed was exhibited to the persons in possession and demand was made for possession; and (iii) the person in possession refused to give over possession.
The Court granted Adam Leitman Bailey, P.C.’s application for a writ of assistance and issued a judgment of possession.
Jackie Halpern Weinstein, Esq. and Danny Ramrattan, Esq. of the Foreclosure Litigation Group and Vladimir Mironenko, Esq. of the Landlord/Tenant Group at Adam Leitman Bailey, P.C. secured this result for its client.