Insight

Adam Leitman Bailey, P.C Utilizes “Zombie Foreclosure” Statute to Avoid Lengthy Foreclosure Process

Adam Leitman Bailey, P.C Utilizes “Zombie Foreclosure” Statute to Avoid Lengthy Foreclosure Process

Adam Leitman Bailey

Adam Leitman Bailey

January 17, 2023 02:33 PM

Adam Leitman Bailey, P.C was retained by a Lender in connection with a foreclosure action of a vacant and abandoned building. Instead of moving for an Order of Reference and then having a Referee compute the amount due, the firm utilized a recent law to file a combined and expedited motion for all aspects of the decision at once.

On April 13, 2022, the firm moved for an Expedited Judgment of Foreclosure and Sale for Vacant and Abandoned property under RPAPL § 1309. The law allows for such as long as the Defendant’s time to answer the complaint in the foreclosure proceeding has expired. It also requires photographs evidencing that the subject property is vacant and abandoned as well as utility company records or other documentation evidencing the vacant and abandoned status of the premises. After exhibiting suitable evidence to the property’s abandoned nature, the Plaintiff can immediately submit its Judgment of Foreclosure, instead of going through the process of appointing a Referee and submitting a Referee’s Oath and Report of what is owed.

The reason this legislation was enacted is because of so called “Zombie Foreclosures” and their detrimental effect on neighborhoods. “Zombie Foreclosures” occur when, after a foreclosure action is commenced, the homeowner moves out of the mortgaged property, and it sits vacant and abandoned. These foreclosures cause upset when neighbors complain of decreasing property value due to abandoned properties. RPAPL § 1309 combats this by allowing for an expedited process so that the property does not sit vacant, to the detriment of the surrounding properties. Foreclosure processes can be extremely lengthy, which can cause undue hardship on the lenders, the defendants, and people residing close to the mortgaged property.

Seeing that this was the case in this foreclosure action, Adam Leitman Bailey, P.C argued using the recent legislation, that the surrounding circumstances allowed for the law to be utilized in this instance. The Borrowers in this case had executed an Affidavit attesting that they physically abandoned the Mortgaged Premises and no longer considered the Mortgaged Premises to be their principal home, residence, or dwelling. Because of this statement and the diligent work of Adam Leitman Bailey, P.C in obtaining photos of the abandoned property, as well as property inspections, the parties were spared a lengthy and unnecessary foreclosure process.

The Judge here granted the Motion and agreed with Adam Leitman Bailey, P.C.’s arguments regarding the application of RPAPL § 1309. By hard work and attention to detail, we were able to secure this win for our clients and speed along the process of foreclosure.

Jackie Halpern Weinstein, Esq. and Danny Ramrattan, Esq. of the Foreclosure Litigation Group at Adam Leitman Bailey, P.C. secured this result for its client.


Trending Articles

Whistleblower Legislation Opens the Doors for More International Claims


by Justin Smulison

An Anti-Money Laundering Act, part of a recently passed Omnibus Budget in the U.S. Senate, is expanding protection for whistleblowers both domestically and internationally.

Shadow figure in spotlight against red and blue brick wall

The Best Lawyers in South Africa™ 2023


by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Best Lawyers Voting Is Now Open


by Best Lawyers

Voting has begun in several countries across the globe, including the United States, the United Kingdom and Europe. Below we offer dates, details and answers to voting-related questions to assist with the voting process.

Hands holding smartphone with five stars above phone

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Rising Transfer Taxes


by Angus C. Beverly

Transfer taxes in California are becoming a statewide trend with potentially national implications. Here is a breakdown of the effects in several cities.

State of California in orange with city in backdrop

Could Reign Supreme End with the Queen?


by Sara Collin

Canada is revisiting the notion of abolishing the monarchy after Queen Elizabeth II’s passing, but many Canadians and lawmakers are questioning if Canada could, should and would follow through.

Teacup on saucer over image of Queen's eye

Announcing The Best Lawyers in Australia™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from Australia.

The Best Lawyers in Australia™ 2023

Famous Songs Unprotected by Copyright Could Mean Royalties for Some


by Michael B. Fein

A guide to navigating copyright claims on famous songs.

Can I Sing "Happy Birthday" in Public?

Announcing the 2023 The Best Lawyers in Canada Honorees


by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Caffeine Overload and DUI Tests


by Daniel Taylor

While it might come as a surprise, the over-consumption of caffeine could trigger a false positive on a breathalyzer test.

Can Caffeine Cause You to Fail DUI Test?

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

IN PARTNERSHIP

2022: Another Banner Year


by John Fields

Block O’Toole & Murphy continues to secure some of New York’s highest results for personal injury matters.

Three men in business suits standing in office