800-999-8599 New York Consumer Rights Litigation· Selective Representation· By Application Only
New York courthouse
Petroff Amshen LLP · Brooklyn, New York

We don't take every case. We take yours seriously.

Litigation experience matters. Pick the firm that has it. Representing New York consumers since 2008 in foreclosure defense, wrongful credit reporting, and identity theft.

/ By the Numbers
A record built on results, not promises.
Millions Recovered
For victims of FCRA violations
Billions of Dollars
In foreclosures defended
Two Decades
Of protecting consumers
Prior results do not guarantee a similar outcome.
/ Free, Confidential Case Review

Find out if there's a case.

How the review works.

01 Apply Tell us what happened in the form, in your own words.
02 Review A licensed New York attorney reviews your submission. Representation is by application.
03 We call you Usually within one business day. The case review is free and confidential.
Free, Confidential Case Review
Submitting this form does not create an attorney-client relationship. The information you provide is kept confidential.
Attorney Advertising
/ What We Do

Three practices.
One mission.

/ Why Petroff Amshen

Selective representation.
Litigation experience.

i We don't take every case. We take yours seriously. The ones we take, we litigate.
ii Your story is where the case starts. The law is where it stands.
iii One firm, one voice. From the first call through the final filing.
/ Where a Case May Begin

You may have legal options.

The law sets out when consumers in New York may have a claim. These are the situations Petroff Amshen handles. If one sounds familiar, the next step is a case review.

Foreclosure
Foreclosure has legal deadlines, and the defenses are in the file.
After the court papers arrive, answer deadlines are strict. New York and federal law set out defenses a homeowner may raise.
FCRA
You may have legal rights when a credit report contains inaccurate information.
Under the Fair Credit Reporting Act, federal law may provide a legal remedy when a dispute goes unresolved.
Identity Theft
Identity theft is a federal crime. Federal law may provide a legal remedy.
When someone opens accounts or files in another person's name, the FCRA and related statutes set out the action.
New York courthouse
We don’t talk a big game.
We file one.
Pick your firm.
— Petroff Amshen LLP
/ State and Federal Courts of New York
/ Selected Matters

The defenses are in the file.

90-day notice: no proper mailing
Foreclosure · Appeal
Appellate Division · First Department

Appellate Reversal · RPAPL 1304

A New York foreclosure summary judgment was unanimously reversed on appeal in the Appellate Division, First Department, where the record did not prove proper mailing of the RPAPL 1304 90-day notice.

Issue
Proof of mailing of the RPAPL 1304 90-day notice
Outcome
Summary judgment unanimously reversed
Prior results do not guarantee a similar outcome.
Read the matter →
$520,000 mortgage canceled
Foreclosure · Statute of Limitations
New York State Court · Kings County

Time-Barred Foreclosure Defense

A New York foreclosure dismissed with prejudice as time-barred, the mortgage canceled, and attorney fees awarded to the homeowners.

Issue
Statute of limitations
Outcome
Dismissed with prejudice, mortgage canceled, attorney fees awarded
Prior results do not guarantee a similar outcome.
Read the matter →
$2,943,000 damages awarded
Bankruptcy · Stay Violation
Federal Court · EDNY

Automatic-Stay Violation

A New York home was sold one day after a Chapter 13 filing, violating the automatic stay. The court found the violation willful and awarded $1,635,000 in compensatory and punitive damages.

Issue
Home sold one day after a Chapter 13 filing
Outcome
Willful violation found; $1,635,000 in compensatory and punitive damages
Prior results do not guarantee a similar outcome.
Read the matter →
Over four years without service
Foreclosure · Service
New York State Court · Kings County

Foreclosure Dismissed for Late Service

A 2021 Brooklyn foreclosure was dismissed after the plaintiff missed a court-ordered deadline to serve our clients. The court denied it more time.

Issue
Plaintiff missed a court-ordered deadline to serve the homeowners
Outcome
Foreclosure dismissed; court denied more time
Prior results do not guarantee a similar outcome.
Read the matter →
999999999 as phone filed
Foreclosure · Federal Trial
Federal Court · SDNY

Lender Loses $551,187 Foreclosure at Trial

The lender claimed $551,187. A federal judge ruled for two Bronx homeowners after trial over a defective RPAPL 1306 filing. Fees: entitled.

Issue
Defective RPAPL 1306 filing
Outcome
Judgment for the homeowners after trial; fees: entitled
Prior results do not guarantee a similar outcome.
Read the matter →
14 years to ask for a sale
Foreclosure · Statute of Limitations
New York State Court · Kings County

Foreclosure Dismissed After 14-Year Delay

Deutsche Bank waited 14 years after the order of reference to seek a foreclosure sale. A Brooklyn court denied it and dismissed the 2008 case.

Issue
Bank waited 14 years after the order of reference to seek a sale
Outcome
Sale denied; 2008 foreclosure dismissed
Prior results do not guarantee a similar outcome.
Read the matter →
$0 deed voided at trial
Deed Fraud · Trial
New York State Court · Kings County

Deed Obtained by Fraud Voided After Trial

Our client was led to believe she was agreeing to a short sale. After trial, a Brooklyn court voided the 2008 deed and ordered it canceled.

Issue
Client led to believe she was agreeing to a short sale
Outcome
2008 deed voided and ordered canceled
Prior results do not guarantee a similar outcome.
Read the matter →
One envelope for two borrowers
Foreclosure · 90-Day Notice
New York State Court · Bronx County

Complaint Dismissed: One Envelope

A loan servicer asked a Bronx court for summary judgment. The 90-day notice went to both borrowers in one envelope, and the court dismissed the complaint.

Issue
90-day notice sent to both borrowers in one envelope
Outcome
Foreclosure complaint dismissed
Prior results do not guarantee a similar outcome.
Read the matter →
$1 mortgage fixed as amount due
Foreclosure · Amount Due
New York State Court · Kings County

Bank Claimed $964,835. Court Fixed Amount Due at $1.

A Brooklyn court rejected a bank's $964,835 referee report as resting on inadmissible proof and fixed the amount due on the mortgage at $1.

Issue
Referee report resting on inadmissible proof
Outcome
Report rejected; amount due fixed at $1
Prior results do not guarantee a similar outcome.
Read the matter →
6 years too late to foreclose
Foreclosure · Statute of Limitations
New York State Court · Kings County

Time-Barred Brooklyn Foreclosure Dismissed

Deutsche Bank said a 2010 loan modification at a $591,731 balance reset the six-year clock. A Brooklyn court held time ran out in 2016.

Issue
Whether a 2010 loan modification at $591,731 reset the six-year clock
Outcome
Court held time ran out in 2016
Prior results do not guarantee a similar outcome.
Read the matter →
5 days late bank's filing
Foreclosure · 90-Day Notice
New York State Court · Kings County

2012 Foreclosure Dismissed for Late State Filing

Deutsche Bank reported its 90-day notice five business days late. After a 2025 appellate ruling, we got the 2012 Brooklyn case dismissed.

Issue
Bank reported its 90-day notice five business days late
Outcome
2012 foreclosure dismissed after a 2025 appellate ruling
Prior results do not guarantee a similar outcome.
Read the matter →
3 holes in bank's proof
Foreclosure · Summary Judgment
New York State Court · Kings County

Bank's Summary Judgment Denied

U.S. Bank asked a Brooklyn court for foreclosure without a trial. The court found three gaps in its proof and denied the motion with prejudice.

Issue
Three gaps in the bank's proof
Outcome
Motion denied with prejudice
Prior results do not guarantee a similar outcome.
Read the matter →
$21,208 in attorney fees and costs
Foreclosure · Statute of Limitations
New York State Court · Kings County

Mortgage Canceled, $21,208 in Fees

A bank lost its first Brooklyn foreclosure, then sued again. We got the case dismissed as too late, the mortgage canceled and $21,208 in fees.

Issue
Second foreclosure filed after the bank lost the first
Outcome
Dismissed as too late; mortgage canceled; $21,208 in fees
Prior results do not guarantee a similar outcome.
Read the matter →
Three gaps failed the bank's proof
Foreclosure · Summary Judgment
New York State Court · Kings County

Foreclosure Summary Judgment Denied

A loan servicer asked a Brooklyn court for foreclosure without a trial. We showed three gaps in its proof, and the motion was denied with prejudice.

Issue
Three gaps in the servicer's proof
Outcome
Motion denied with prejudice
Prior results do not guarantee a similar outcome.
Read the matter →
19 months too late to foreclose
Foreclosure · Statute of Limitations
New York State Court · Kings County

Time-Barred Foreclosure Dismissed

Bayview sued in 2016 on a loan called due in 2008. We showed the six years had run, and a Brooklyn court dismissed the foreclosure.

Issue
Suit filed in 2016 on a loan called due in 2008
Outcome
Six years had run; foreclosure dismissed
Prior results do not guarantee a similar outcome.
Read the matter →
$32,287 attorney fees awarded
Foreclosure · 90-Day Notice
New York State Court · Kings County

Foreclosure Dismissed, $32,287 in Fees

A foreclosure filed in 2013 was dismissed over a defective 90-day notice. The appeal failed, and our clients were awarded $32,287 in fees.

Issue
Defective 90-day notice on a 2013 foreclosure
Outcome
Dismissed; appeal failed; $32,287 in fees awarded
Prior results do not guarantee a similar outcome.
Read the matter →
6+ years: second lawsuit too late
Foreclosure · FAPA
New York State Court · Bronx County

Dismissed With Prejudice Under FAPA

HSBC won summary judgment in 2019. Under New York's Foreclosure Abuse Prevention Act, a Bronx court then dismissed the case as time-barred.

Issue
Time bar under the Foreclosure Abuse Prevention Act
Outcome
Case dismissed as time-barred
Prior results do not guarantee a similar outcome.
Read the matter →
$397,765 mortgage canceled
Foreclosure · Statute of Limitations
New York State Court · Kings County

Time-Barred $397,765 Mortgage Canceled

A third Brooklyn foreclosure came 12 years after the loan was called due. Dismissed, the $397,765 mortgage canceled, affirmed on appeal.

Issue
Third foreclosure filed 12 years after the loan was called due
Outcome
Dismissed; mortgage canceled; affirmed on appeal
Prior results do not guarantee a similar outcome.
Read the matter →
4 to 0 appeals court vote
Foreclosure · Appeal
Appellate Division

Bank's Summary Judgment Reversed on Appeal

The Appellate Division unanimously reversed a bank's summary judgment in a Queens foreclosure and let our client raise standing. Costs to our client.

Issue
Standing
Outcome
Summary judgment unanimously reversed; costs to our client
Prior results do not guarantee a similar outcome.
Read the matter →
$147,468 mortgage loan canceled
Foreclosure · Statute of Limitations
New York State Court · Kings County

CitiMortgage $147,468 Foreclosure Dismissed

CitiMortgage accelerated a $147,468 loan in 2007 and sued again in 2020. A Brooklyn court dismissed the foreclosure with prejudice and granted fees.

Issue
Loan accelerated in 2007, new suit in 2020
Outcome
Dismissed with prejudice; fees granted
Prior results do not guarantee a similar outcome.
Read the matter →
$53,476 added by a 2021 modification
Loan Records · RESPA
Wells Fargo · RESPA

Loan Records Case Will Proceed

Our clients asked Wells Fargo to explain $53,476 added to their loan. Records it called unavailable turned up. The case will proceed.

Issue
$53,476 added to the loan without records
Outcome
Records turned up; case will proceed
Prior results do not guarantee a similar outcome.
Read the matter →
Zero phone number listed on the bank's filing
Foreclosure · RPAPL 1306
New York State Court · Kings County

Phone Number Listed as 0

Deutsche Bank's RPAPL 1306 filing listed the borrower's phone as 0. A Brooklyn court called its excuse patently incredible and dismissed the foreclosure.

Issue
Bank's RPAPL 1306 filing listed the borrower's phone as 0
Outcome
Excuse called patently incredible; foreclosure dismissed
Prior results do not guarantee a similar outcome.
Read the matter →
2 lawsuits on the same loan
Foreclosure · Appeal
Appellate Division

Fannie Mae Can't Revive Old Foreclosure

A unanimous Appellate Division refused to restore Fannie Mae's 2009 Brooklyn foreclosure after a later case on the same loan was ruled time-barred.

Issue
Restoring a 2009 foreclosure after a later case was ruled time-barred
Outcome
Unanimous Appellate Division refused to restore it
Prior results do not guarantee a similar outcome.
Read the matter →
$150,000 mortgage harm interest
Foreclosure · Notices
New York State Court · Kings County

Chase Foreclosure Dismissed After 9 Years

The borrower died in 2016 and Chase waited nine years to act. We won dismissal for his daughter and cancellation of the foreclosure notices.

Issue
Chase waited nine years after the borrower died in 2016
Outcome
Dismissed for his daughter; foreclosure notices canceled
Prior results do not guarantee a similar outcome.
Read the matter →
Prior results do not guarantee a similar outcome. Matters shown describe representation in specific cases and are not a prediction about any other matter.
/ Awards & Recognition
Ratings and recognition from independent legal organizations. Prior results do not guarantee a similar outcome.
/ Client Voices

What our clients say.

“
Mr. Petroff and his firm saved our home from foreclosure. We were in a very bad place and they worked out an agreement with the bank to save us and got us a payment we could afford.
— Maggie · Foreclosure Defense client
“
I am very pleased with the attentiveness to my case. This is my third attorney. What makes litigation easier is not only their knowledge, which Petroff Amshen undoubtedly has, but just as important is working with you financially. I would HIGHLY recommend Petroff & Amshen.
— Leigh C. · Wrongful Credit Reporting client
“
I've been having serious identity theft and fraud issues for 10 months, and couldn't find anyone who'd take my case, till a coworker referred me here. Within 2 months, not only did they completely take care of my problems… You're in great hands with Petroff Amshen.
— Robert B. · Identity Theft client
Prior results do not guarantee a similar outcome. Testimonials reflect the experience of individual clients. Each testimonial requires written client consent and attorney review before publication.
/ The Attorneys

One firm, one voice.

The attorneys of Petroff Amshen represent New York consumers from the first filing to the final ruling. Litigation experience matters. Pick the firm that has it.

Meet the attorneys →
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