SUCCESS & RESULTS
We won’t just tell you that we have experience. We’ll show you. Please read about some of our success stories and some of the results we’ve obtained for clients over the years. We’ve included the actual court opinions, orders and decisions, agreements and other documents for you to see what the actual result looks like. Most of this information is available in the public records but where necessary we have redacted the document to remove any possible confidential information and to protect our client’s privacy. Please be patient with us as we cull through 26 years worth of legal work. This page is a work in progress and is being updated continuously.
Our clients live in Nassau County, Long Island. They were being foreclosed by Citi in an old case that was several years old. The clients/homeowners had defaulted in the action by failing to answer the summons and complaint. In 2015, the bank had agreed to a trial payment plan in writing and committed to make a permanent loan modification agreement if the homeowner’s made 3 payments. They actually made 6 payments that were accepted. Then the bank ignored the agreement and filed a motion for a final judgment of foreclosure and sale that would permit them to schedule an auction of the home. Scott opposed the motion with affidavits, a exhibits, and a memorandum of law that briefed the legal arguments, including that the lender had breached an agreement to modify the loan. The lender’s counsel withdrew it’s motion and backed down.
Settled breach of contract arising out of a real estate contract to purchase a co-op in Brooklyn NY. Our client received her $42,000 deposit back., 2016
Client owned $14 million building in the Bronx. Came to Scott on a Thursday. Scott filed an order to show cause in the Supreme Court on a Friday and appeared in court the next Monday and negotiated a court order with the lender’s counsel and Judge to stop a foreclosure sale that was scheduled for Tuesday., 2016
Filed action in NY Supreme Court for H.O. Penn Machinery, Co. Inc. to recover on invoices and guaranty. Defendant filed an answer with counterclaims. We moved to dismiss 23 counterclaims and court granted motion and dismissed 22 of the claims. Then defendant settled the case and paid the balance due., 2016
Client sought our help after his home was already sold at a foreclosure sale. He lived there with his elderly parent, his wife and several children. The judgment of foreclosure was entered on default. Scott prepared and filed an emergency order to show cause. The Westchester Supreme Court signed the order to show cause and issued a temporary restraining order stopping the lender and its lawyers from trying to transfer the property or evict our clients.
Drafted Operating Agreement and Rider for Limited Liability Company that is in the recruitment business., 2016
Reviewed client contract used by NY wedding video production company for weddings in Mexico., 2016
Review and drafted clauses for credit installment agreements, guarantees, and other contracts for H.O. Penn Machinery Co., Inc., largest dealer of Caterpillar Construction Equipment on the U.S. East Coast., 2016
Obtained trial payment plan and permanent loan modification agreement for client to save her home and make her reduced mortgage payments affordable., 2016
Handled commercial lease negotiations for a doctor opening a dialysis center., 2015
Handled many mortgage loan workouts for clients in residential and commercial matters. Negotiated and drafted consolidation and modification agreements. Handled loan modifications to help homeowners save their homes under the HAMP program and other in-house loss-mitigation programs through mortgage lenders and servicers. Represented start ups in forming business and drafting operating agreements. Drafted and negotiated commercial contracts, installment agreements, and commercial leases.
Commercial Litigation, Collection, Creditors’ Rights, Business Law & Bankruptcy
As former counsel to European American Bank, Attorney Scott Lanin handled litigation to collect a $1 million bank loan that was in default. He obtained a TRO and an order of attachment in the New York Supreme Court for the County of New York (Manhattan) against the borrower’s receivables that had been pledged as collateral. The borrower moved to Florida and used the collateral to wrongfully acquire a condo. When he later filed Chapter 7 bankruptcy, the bank commenced an adversary proceeding in the United States Bankruptcy Court for the Southern District Of Florida. Scott Lanin conducted a trial and successfully defeated the debtor’s homestead exemption, blocked his discharge based on his dishonest and fraudulent conduct, and helped the bank recover its loan. >> EAB v. Lapes, 254 BR 501 – Denial of Discharge and Homestead Exemption
Our client lives in California and was sued by her ex-boyfriend in the New York Supreme Court in Manhattan. They have a daughter together. She brought a paternity suit in California and was awarded support against him. In a retaliatory suit, he alleged that she converted his investment accounts and interfered with them. She denied this completely. We moved to dismiss the case based on a lack of long-arm jurisdiction and won a heavily contested motion after oral argument. >>Order Dismissing Complaint – Lack of Long Arm Jurisdiction
As outside legal counsel to European American Bank, Scott handled an action in 1999 against Chase Bank for conversion under the Uniform Commercial Code. Scott defeated Chase Bank’s motion to dismiss the conversion claim under CPLR 32111. The action was ultimately settled. At Chase’s request, the settlement terms are confidential. >> EAB v Chase Order Dismissing Conversion Claim
Commercial Litigation, Real Estate Law
This matter involved a contested partition action in the Kings County Supreme Court (Brooklyn). Our client inherited property along with some family members. All of the co-owners wanted to sell the property but one refused. A partition action was commenced. Ultimately, after conferences and motions, the court ruled in favor of the owners who wanted to sell, including our client. The property was sold at a public auction for a price that far exceeded expectations. Our client was very happy with the result.
>> Judgment of Partition and Sale – Kings Supreme (EE)
Commercial Litigation, Real Estate Law
This matter involved a dispute over a common driveway between two homes in Brooklyn. Our clients’ neighbor sued them in the Kings County Supreme Court (Brooklyn) seeking a declaratory judgment and an injunction. The plaintiffs wanted to use the easement for driving cars and/or parking cars, although it was relatively narrow and had not historically been used for that purpose. We reviewed the conveying language in deeds going back over several decades. The plaintiff then filed a motion for summary judgment. The plaintiff also sought to hold our clients in contempt for putting up a sign that said no parking, alleging that it violated a prior stipulation. We opposed both motions and defeated them. After oral argument, the Supreme Court denied both of the plaintiffs’ motions. The case then proceeded to discovery.
Commercial Litigation, Mortgage Foreclosure
Our client sought our help after his home was already sold at a foreclosure sale. He lived there with his elderly parent, his wife and several children. The judgment of foreclosure allowed the plaintiff lender to sell the property at a public auction. The judgment was entered on default. Our client alleged grounds to challenge the default. We prepared and filed an emergency order to show cause and, on our motion, the Westchester Supreme Court signed the order to show cause and issued a temporary restraining order stopping the lender and its lawyers from trying to transfer the property or evict our clients.
Commercial Litigation, Mortgage Foreclosure
Our client is the co-owner of a secondary home located in Franklin County, which is in upstate New York near the border with Canada. Her ex-husband is the other owner. They had both tried to modify their mortgage with the lender for years and got the runaround. The lender eventually continued the foreclosure action. The client had not answered the complaint because of the pending settlement negotiations to try to modify the loan. When the lender tried to proceed with a foreclosure auction, we filed an emergency order to show cause to allow a late answer, to vacate the judgment of foreclosure and sale that had been granted on default and to stay the sale. The court granted our request for a TRO (temporary restraining order) to stop the sale.
>> Order to Show Cause with Temporary Restraining Order Staying Foreclosure Sale (AN)
Our client had gone through 4 or 5 lawyers before she retained us. She owned a rental property in the Bronx. It was important to her because it had two tenants and produced rental income. She had fallen behind with her mortgage payments and worked out a forbearance agreement with our lender. The lender actually sent her a written agreement that required hard to make certain payments and she actually did make the precise payments by Western Union. For reasons unknown, the lender rejected the payments and attempted to foreclose.When our client retained us, she was already in default in the foreclosure action. We analyzed the situation and determined that the best course of action would be to try to vacate her default. We drafted and filed an order to show cause to stay, or stop, a foreclosure sale that had been scheduled by the lender, to ask the court to accept her late answer, and to vacate her default in the action. The plaintiff opposed our motion. After considering all of the papers, the Bronx Supreme Court granted the motion and dismissed the foreclosure action completely and also directed the county clerk to vacate the lis pendens that the lender had filed against her property.
Our client filed for Chapter 13 bankruptcy because he had experienced a reduction in his income and had accumulated credit card debt. We successfully confirmed a Chapter 13 repayment plan that allowed him to keep his assets and only repay a small percentage of his debts. The remainder of the debts will be discharged upon completion of the plan.
Our client filed for Chapter 13 bankruptcy because she was self-employed and her freelance work had declined to the point where her income was not sufficient to make the payments due on her credit cards. We successfully confirmed a Chapter 13 repayment plan that allowed her to keep her assets and pay back only a small percentage of her debts. The remainder of the debts will be discharged upon completion of the plan.
Our client filed for Chapter 13 bankruptcy because her income was going to be reduced and she had trouble paying her mortgage loan on her home in Brooklyn. We successfully confirmed a Chapter 13 repayment plan that solved her problem.
Our client filed for Chapter 7 bankruptcy after being unable to pay credit card debts. We successfully filed a Chapter 7 case That allowed the client to keep nonexempt assets and discharge all of the debt.
Business and Real Estate Law – Commercial Leasing
Our client, who is a certified public accountant, formed a partnership with several doctors in a new business venture to create an adult social center in Mount Vernon in Westchester New York. The entity wished to lease a commercial space to operate the business. Our firm handled extensive negotiations and drafting of the commercial lease which was agreed upon by the landlord and our client.
Mortgage Loan Modifications
Many of our clients have come to us for assistance with mortgage loan modification on their homes. We have successfully handled these from start to finish, including meeting with the clients and reviewing all of their options, preparing the necessary papers to send a complete package to their lenders, communicating with their lenders for all follow-up matters and to update the submissions, and then reviewing all temporary trial agreements with our clients. In many cases, clients have obtained permanent loan modifications that enabled them to retain their property and make payments on the mortgage with interest rates as low as 2%. The typical permanent modification agreement will have stepped-up payments where the interest rate may start at 2% and then level off at 4.75 or 5%.In many cases, lenders have agreed to waive certain interest charges and/or to defer interest on a portion of the principal, with a balloon payment at the end. Clients who had mortgage arrears have received an additional 20 to 30 years to pay it back at the reduced rate.
>> Sample redacted agreements coming soon!