Title Insurance Claims Group

About

About Title Insurance Claims Group

Adam Leitman Bailey, P.C. offers substantial depth of experience in title insurance defense, combining proven legal and practical expertise, responsive communications with claims counsel, and litigation cost control.

Overview

Title companies utilize our services because we get cost-effective results. Many of our cases never make it past the complaint and lis pendens filing. Our senior attorneys are trained in investigation and fraud detection. All our attorneys are experienced in solving cases in and out of the courtroom. We understand fraud and corruption in both novel and repeating circumstances, enabling us to perform quick evaluations and move cases rapidly toward resolution. Many of our attorneys have governmental service experience and understand the usefulness of government assistance and methods. We have sophisticated technological and investigative resources that we use regularly in all phases of the litigation. The Adam Leitman Bailey, P.C., Litigation Group has compiled a success record that is unparalleled. Besides an admirable record in title litigation cases, we are one of New York’s premier real estate litigation firms. Adam Leitman Bailey, P.C. has participated in and prevailed in some of the most important real estate cases of the past decade, as reflected in numerous published and unpublished decisions on novel legal issues. Our attorneys’ impressive success record in hundreds of trials places the firm’s performance among the very best in the profession. These successes have led to our recognition as one of the leading real estate litigation firms in New York, earning us a Martindale-Hubbell AV® rating and Super Lawyers ranking.

Claims Counsel/Litigation Counsel/Foreclosure Counsel Team

The firm philosophy and practice is based on a “Claims Counsel/Litigation Counsel Team” concept. We have frequent scheduled and unscheduled communication among our Claims Counsel, Foreclosure Counsel, and clients, in order to more closely integrate our efforts toward the appropriate resolution of a given litigated matter.

Communication

To the extent possible, for informal communication, we rely on electronic mail and telephone correspondence. Barring unforeseen circumstances, we respond to every inquiry within one working day, even if our immediate response is that research and/or investigation is needed to more fully address the problem or inquiry presented. Reports are prepared at intervals under the insurer’s guidelines, but always include at least an initial intake report giving a preliminary evaluation, a litigation plan report outlining a proposed plan for progress in the litigation, and Interim Reports periodically and upon all major happenings in the action. Should the case reach trial, a pre-trial report is submitted about ninety days before trial, which outlines the practical, factual, and legal strengths and weaknesses of the case.

In accordance with the ethical standards governing attorney conduct, and in order to prevent delay, we make intermediate tactical decisions, giving primary consideration to the interests of our client, your insured. However, we always give primacy to the right of the carrier to determine goals, to the extent of its policy interest, in any given litigation.

Cost Control Methods

We strenuously control litigation costs within the strictures of providing the highest quality service. We do this by front-loading the investigative/evaluative process, evaluating the pluses and minuses of motion practice to practical advantage, under intensive senior staff supervision, and practically evaluating which cases should be tried and which resolved through ADR or settlement.

We believe that intensive investigation, both judicial and extra-judicial, at the start of the case, allows us to more accurately advise the assigned Claims Counsel of the most reasonable course of action to employ. We are also able to identify high-risk and spurious cases through preliminary investigations. Most insurance claim cases settle by differentiating between the authentic claims and the unsubstantiated or fraudulent claims early on in the process. In doing so, we are able to advise Claims Counsel whether a speedy and economically sound resolution of the meritorious cases is appropriate. Further investigative efforts allow us to either prepare the case for trial or decide, in conjunction with Claims Counsel, whether some other determination is appropriate.

To the extent possible, we try to avoid discovery motions, as it has been our experience that most discovery issues can be resolved either informally between the lawyers or by conference with the Court. In those cases that cannot be resolved before Note of Issue is filed, we evaluate the case for summary judgment purposes and make a recommendation to Claims Counsel. Summary judgment motions are only made if there is some reasonable chance of success.

We do our utmost to utilize the strengths of our lawyers: generally, contested courtroom proceedings and motion writing will be staffed by one of the senior lawyers, whereas most pro forma proceedings, paper discovery and legal research will be done by an associate. Our associates and paralegals are under the immediate supervision of the assigned senior attorney, who is responsible for the quality of their work. We recognize throughout the litigation process that, although some cases have to be tried (fraud, no liability, grossly inflated damages), most cases can and should be negotiated to resolution. We work with Claims Counsel and Foreclosure Counsel to reach a resolution as soon and as favorably as possible. If a case is required to be tried, it is tried by one of the senior lawyers.

Throughout the entire process, senior staff keeps its eyes trained on the goals of achieving maximum result at minimum cost.

 

Published Articles

Published Articles

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Press Mentions

Press Mentions

Adam Leitman Bailey, P.C. Defeats Motion to File Late Answer in Case where Defendant...
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Adam Leitman Bailey, P.C. Assists With The 2015-2016 American College of Mortgage At...
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Phew!: Millionaires’ feud over 1 foot of property on UES is over
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Millionaire Loses In Feud With Neighbors Over Fence
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Adverse Possession Claim Dismissed
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Suit Dismissed Against HUD Over Sale of Senior Complex
READ MORE Foreclosure Litigation Group
ICE Said to Seek Mortgage Role Through Talks With Data Service
READ MORE Foreclosure Litigation Group
A New Law May Hurt More Than it Helps
READ MORE Purchase & Sale of Homes
Real Estate Heavyweights Debate Politics, Lawsuits, Blogging at TRD Forum
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Related Adverse Possession Post from the New York State Bar Association’s Real Pro...
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As Lenders Admit to Flawed Foreclosure Procedures, Experts Weigh In On Impact
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Amendments to Power-of-Attorney Regulations Address Concerns About Commercial Transa...
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Letters of Reference

Letters of Reference

“Mr. Bailey and his law firm demonstrated a genuine interest in achieving the ...
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“… I was impressed in the effectiveness of your firm’s representation ...
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“I deal with a lot of attorneys all over the country and there isn’t one tha...
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“I am pleased with the thorough manner in which Ms. Halpern is handling this case....
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“Gracias a mi abogado Adam Leitman Bailey todos aquellos que colaboraron.̶...
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“Three different law firms told me I had no case … Somehow Adam Leitman ...
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Case Studies

Case Studies

Adam Leitman Bailey, P.C. Saves Title Insurance Company from All Exposure and Avoids...
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Adam Leitman Bailey, P.C. Wins Supreme Court Summary Judgment for Title Company, Def...
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Adam Leitman Bailey, P.C. Defeats Quiet Title Action to Discharge a Mortgage for Sta...
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Adam Leitman Bailey, P.C. Gets Lender Paid on Its Unrecorded and Lost Original Mortg...
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ALBPC Successfully Negotiates Favorable Settlement Agreement Ending a Drawn-Out Neig...
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Adam Leitman Bailey, P.C. Defeats Prior Owner’s Motion to Vacate a Judgment of For...
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Adam Leitman Bailey, P.C. Defends Brooklyn History and Makes Law
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Adam Leitman Bailey, P.C. Wins Motion to Dismiss Action Seeking Coverage after Claim...
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Adam Leitman Bailey, P.C. Defeats Motion to Vacate Default Judgement at Trial Court ...
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Adam Leitman Bailey, P.C. Defeats Forgery/Fraud Defenses and Wins Appeal for Note Ho...
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After Discovering New Evidence in an Action to Discharge a Client’s Mortgage on th...
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Adam Leitman Bailey, P.C. Protects Innocent Home Buyers Against Claim of Seller’s ...
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Published Decisions

Published Decisions

Beach 50th Street LLC v Peninsula Rockaway
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Countrywide Home Loans Inc. v Kirk Gibson
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BH 2105 Atlantic LLC v. Glizer Rodriguez
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Mendy G. Holdings LLC v. AmTrust Title Insurance Company
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DEUTSCHE BANK NATIONAL TRUST COMPANY V. CHRISTOPHER C. ISEMAN, ELAINE T. ISEMAN
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BOARD OF MANAGERS OF REGENTS PARK GARDENS CONDO, plf, v. HERMAN CHAVEZ def, MORTGAGE...
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Board of Mgrs. of Regent’s Park Gardens Condo v Chavez
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The Board of Managers of 266 West 115th Street Condominium v. 266 West 115th Street,...
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Yolanda Betancourt v Ligia Guaman, et al. Published Decision
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Emanuel Ku v United States Department of Housing And Urban Development Published Dec...
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McMillan v Village Plaza Homes Published Decision
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Headlines

Headlines

The Most Significant Title and Foreclosure Cases of 2015
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Adam Leitman Bailey, P.C. Prevails at Trial in Invalidating Contract to Purchase Com...
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Adam Leitman Bailey, P.C. Wins Priority Position for New Century Mortgage
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Adam Leitman Bailey, P.C. Causes Prior Mortgage To Be Deemed Void As Against The Pre...
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Adam Leitman Bailey, P.C. Gets Action Dismissed Against Major Title Insurance Compan...
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Adam Leitman Bailey, P.C. Defeats Allegations of Fraud From A Former Owner/Current O...
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Using the Judicial System to Abate the Foreclosure Crisis
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Adam Leitman Bailey, P.C. Prevails as Second Circuit Upholds Title of Developer That...
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A Roundup of Foreclosure Law Decisions in 2012
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Using the Judicial System to End the Foreclosure Crisis in New York
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Title Insurance Complexities in Tax Foreclosure Purchases
READ MORE Purchase & Sale of Multi-Family Dwellings & Buildings
Adam Leitman Bailey, P.C. Saves Client’s Home Despite Fraud Committed Through Forg...
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Split Between Departments Muddies Subrogation Doctrine
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State High Court Decision Exorcises Ghosts of Liens Past
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Growing Fraud–Self Help Measures Can Head Off Problems
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The Race to Erase Recording Mistakes
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Adam Leitman Bailey, P.C. Protects Mortgage for Lender defeating Fraud Allegations
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Adam Leitman Bailey, P.C. Prevails at the Appellate Division in Adverse Possession C...
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Preventing Fraud at a Real Estate Closing
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Defining When “Time is of the Essence”
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Title Insurance Claims Group Highlight Video
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Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS