Adam Leitman Bailey, P.C. Cuts Foreclosure Proceeding Duration in Half for the Lender
In Ventures Trust 2013-I-H-R v. Rock, et al., Adam Leitman Bailey, P.C. won a motion for an order of reference upon oral argument at the bench of the Honorable Bernard J. Graham, J.S.C. of the Supreme Court, Kings County.
The subject note and mortgage were assigned by the named plaintiff during the pendency of the foreclosure action to a new noteholder, and Adam Leitman Bailey, P.C. was retained to change in as counsel and represent the lender’s assignee mid-proceeding.
To expedite the action, at the calendar call on the imminent return date of a motion for an order of reference previously filed by the named plaintiff, instead of following protocol for when the borrowers default in appearing, (to wit, submitting working copies of the motion for consideration on submission), Adam Leitman Bailey, P.C. successfully convinced the court to call the motion for consideration at the bench.
Adam Leitman Bailey, P.C. sufficiently established during argument the assignee’s entitlement to judgment as a matter of law, and the Order of Reference was executed at the bench, thereby saving the plaintiff noteholder months of waiting to receive a decision upon full submission.
Notably, Adam Leitman Bailey, P.C. was armed during argument with the delivery date of the note to the new holder, together with an endorsed copy of the note, in order to demonstrate that the subject note and mortgage were validly assigned to the lender’s assignee so that the court would direct that the lender’s assignee be substituted in as the named the plaintiff in the action.
Jackie Halpern Weinstein, Vladimir Mironenko, and another attorney of the Foreclosure Group at Adam Leitman Bailey, P.C. won this motion for the lender.