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Adam Leitman Bailey, P.C. Establishes Multiple Allegations Unmeritorious, Successfully Protecting the Interests of Its Client

In the following residential mortgage foreclosure actions, Adam Leitman Bailey, P.C. successfully protected the interests of the foreclosing plaintiffs by defeating allegations of, inter alia, fraud, lack of personal jurisdiction, expiry of the statute of limitations, and failure to comply with mandatory conditions precedent. All of these allegations, if not established unmeritorious by Adam Leitman Bailey, P.C., would have resulted in the dismissal of the foreclosure actions and, in some cases, the mortgage debt being deemed time-barred.”

  • Heading Defense Preview Image
    Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender

    Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender

    In Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its Trustee v. Dimella, et al., a foreclosure proceeding, Adam Leitman Bailey, P.C. moved for default judgment and an order of reference in favor of the plaintiff and the borrower cross-moved to dismiss or, in the alternative, to vacate his default in the action. The borrower was served with process in the action in July of 2015 at his place of business, pursuant to CPLR § 308(2), by leaving copies of...

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    Adam Leitman Bailey, P.C. Obtains Judgment for Foreclosing Plaintiff and Defeats Motion to Renew, Vacate, and Dismiss

    Adam Leitman Bailey, P.C. Obtains Judgment for Foreclosing Plaintiff and Defeats Motion to Renew, Vacate, and Dismiss

    In Ventures Trust 2013-I-H-R by MCM Capital Partners, LLLP f/k/a MCM Capital Partners, LLC, its Trustee v. Tomala, et al., the borrowers appeared in the action through counsel and timely interposed an answer to the complaint. Adam Leitman Bailey, P.C. moved for summary judgment and an order of reference on behalf of the foreclosing plaintiff (“Summary Judgment Motion”) and the borrowers failed to oppose, despite being duly served. The Summary Judgment Motion was ultimately granted, a referee was appointed to...

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  • Courtroom Nyc Preview Image
    Adam Leitman Bailey, P.C. Defeats Motion to Vacate a Judgment of Foreclosure and Sale Brought by Alleged Defrauded Former Property Owner

    Adam Leitman Bailey, P.C. Defeats Motion to Vacate a Judgment of Foreclosure and Sale Brought by Alleged Defrauded Former Property Owner

    In Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its trustee v. Faith D. Esimai, et al., Adam Leitman Bailey, P.C. defeated a motion to vacate a judgment of foreclosure and sale brought by an alleged defrauded former property owner. On the eve of the scheduled foreclosure sale, a former owner of the property alleged that the borrower defrauded her out of the property and that she was the true owner. The former owner argued that the plaintiff Note Holder...

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    Adam Leitman Bailey, P.C. Defeats Statute of Limitations Defense in Borrowers’ Motion to Dismiss

    Adam Leitman Bailey, P.C. Defeats Statute of Limitations Defense in Borrowers’ Motion to Dismiss

    In Ventures Trust 2013-I-H-R by MCM Capital Partners, LLLP f/k/a MCM Capital Partners, LLC, its Trustee v. Omene, et al., the borrowers moved to dismiss on the alleged ground that the statute of limitations to foreclose expired. In support of their dismissal motion, the borrowers alleged that the mortgage debt was accelerated upon commencement of a prior action brought to foreclose the subject mortgage on September 24, 2009 (the “2009 Foreclosure Action”) and that the instant foreclosure action was, therefore,...

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    Adam Leitman Bailey, P.C. Defeats Standing Defense and Wins Summary Judgment for Foreclosing Plaintiff

    Adam Leitman Bailey, P.C. Defeats Standing Defense and Wins Summary Judgment for Foreclosing Plaintiff

    In Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its Trustee v. Graffagnino, et al., a highly contested foreclosure proceeding, Adam Leitman Bailey, P.C. won a motion for summary judgment and an order of reference, in favor of the foreclosing plaintiff, by sufficiently establishing the Plaintiff’s entitlement to judgment as a matter of law, and by defeating the seventeen affirmative defenses and six counterclaims asserted by the borrowers in their answer. Adam Leitman Bailey, P.C. was retained by the foreclosing...

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    Adam Leitman Bailey, P.C. Wins Summary Judgment by Establishing Note Holder’s Entitlement to Judgment

    Adam Leitman Bailey, P.C. Wins Summary Judgment by Establishing Note Holder’s Entitlement to Judgment

    In Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its trustee v. Balash, et al., a highly contested foreclosure proceeding in Queens Supreme Court, Adam Leitman Bailey, P.C. won a motion for summary judgment and an order of reference in favor of the plaintiff by sufficiently establishing the note holder’s entitlement to judgment as a matter of law. The subject note and mortgage were assigned to the current note owner prior to commencement of the action by endorsement on, and...

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  • Foreclosures Preview Image
    Adam Leitman Bailey, P.C. Upholds Summary Judgment in Favor of Foreclosing Plaintiff in Defeating Motion for Leave to Reargue

    Adam Leitman Bailey, P.C. Upholds Summary Judgment in Favor of Foreclosing Plaintiff in Defeating Motion for Leave to Reargue

    In Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its Trustee v. Balash, et al., a highly contested foreclosure proceeding, Adam Leitman Bailey, P.C. successfully moved for summary judgment and an order of reference on behalf of the foreclosing Plaintiff (“Summary Judgment Motion”).  One of the borrowers, who timely interposed an answer to the action and opposed the Summary Judgment Motion, moved for leave to reargue on the alleged ground that the court misapprehended the applicable law in holding that...

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  • Foreclosure Preview Image
    Adam Leitman Bailey, P.C. Successfully Defends Foreclosing Plaintiff’s Action against Motions to Vacate and Dismiss

    Adam Leitman Bailey, P.C. Successfully Defends Foreclosing Plaintiff’s Action against Motions to Vacate and Dismiss

    In Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its trustee v. The Public Administrator of Nassau County, as Administrator for the Estate of Stella Pinto, et al., the borrower passed away during the pendency of the action. Thereafter, a surrogate’s proceeding was commenced in which the public administrator was appointed for the deceased borrower’s estate. Adam Leitman Bailey, P.C. was subsequently retained by the foreclosing plaintiff and swiftly moved to have the public administrator substituted as a party defendant...

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