RMF Attorneys Adam L. Browser and Michael Faltischek Defeat Mortgage Holder

Uniondale, N.Y. – February 28, 2024, RMF announced today that attorney Adam L. Browser won a trial verdict, successfully defeating a mortgagee’s attempt to foreclose $1.5MM in mortgages encumbering two parcels of land in upstate New York. The commercial mortgages were issued by a limited liability company and a family trust. The individual who signed the mortgages was a trustee of the trust and a manager/member of the limited liability company. Michael Faltischek devised the aggressive and creative strategy to proactively sue the mortgage holder, rather than wait passively to defend a foreclosure action. At trial, Adam Browser successfully demonstrated that the individual lacked the authority to issue the mortgages and acted in his own self interest in doing so. Mr. Browser also demonstrated that the mortgagee failed to properly inquire about the signer’s authority, and aided and abetted the signer in breaching his fiduciary duty to RMF’s clients. RMF’s clients are now free to enjoy their property unencumbered by the illegitimate mortgages.

Adam L. Browser, Of Counsel, is a member of the firm’s Litigation, Financial Services, Banking & Bankruptcy Departments, and the Insurance Litigation and Construction Practice Groups. Mr. Browser has nearly three decades of experience in complex commercial litigation, including trials and appeals, covering a wide variety of industries. His broad litigation experience includes creditor’s rights, collections, construction, contracts, employment, insurance, landlord-tenant, licensing, partnerships and other business relationships, professional liability, real estate, title claims and trusts and estates. He has handled disputes for Fortune 500, mid-size and small companies, as well as individuals. Adam has handled cases in Federal and New York State Court, and in various dispute resolution forums, such as the American Arbitration Association. Adam is an Adjunct Professor of Law at Hofstra University’s Maurice A. Deane School of Law and is on the Board of Directors of the Nassau County Bar Associations. In 2021 and 2023, Adam was named a New York Metro Super Lawyer for construction litigation. He was recognized as a Pro Bono Attorney of the year by Touro Law Center in 2019.

Mr. Faltischek is a founding partner at Ruskin Moscou Faltischek, P.C., and has played a key role in the success and growth of the firm since graduating from law school at the top of his class. He served as Managing Partner from 1982 until 2006, leading the firm from its roots as a small local firm to its current prominence as a major regional business law firm. Mr. Faltischek’s accomplishments have been recognized by Long Island Business News in its annual Who’s Who in Law as one of the leading members of the legal profession and was a recipient of its Leadership in Law Award. Recently, he was recognized with a Lifetime Achievement Award at the 2016 LIBN CEO Awards dinner. In 2017, he was recognized as a King of Long Island by the Star Network. Mr. Faltischek has and continues to advise entrepreneurs and business enterprises in corporate finance, governance, mergers and acquisitions, succession planning and international business transactions. He has been a frequent lecturer for the New York State Bar Association in various areas of corporate and business law, including forming and advising businesses, limited liability companies and law firm management. Mr. Faltischek is a founding member and former Chair of the Long Island Angel Network. As a member of illuminado Partners, LLC, a business advisory group providing support to early stage and growth oriented companies, he serves on the advisory boards of numerous companies. He is a founding shareholder of Gold Coast Bank, serving on its Advisory Board, as well as several other Long Island startup ventures.

A long-time leader in community activities, Mr. Faltischek has served on the Board of Directors of the Long Island Association, the region’s largest business and civic group, since 2001. He has served as a Vice Chairman and, currently, Treasurer and Chairman of its Audit Committee, as well as several special committees formed to address energy issues on Long Island. He is a director of the Sunrise Association, which provides, at no charge, summer day camp and year-round programs for children with cancer and their siblings. He has been a Trustee of Temple B’nai Sholom since the 1980s, serving as its President and later Chairman of its Board.

For over 50 years, Ruskin Moscou Faltischek P.C., headquartered in Uniondale, has built a reputation as one of the region’s leading providers of innovative legal services. Its attorneys are practical, experienced advocates who measure their success by their clients’ success. Cornerstone groups in all major practice areas of the law are represented at the law firm, including trusts and estates, corporate and securities, corporate restructuring & bankruptcy, commercial lending, commercial litigation, intellectual property, health care, real estate, employment, not-for-profit, cybersecurity and data privacy, and energy. Clients include large and mid-sized corporations, privately held businesses, institutions and individuals.