A foreclosure in New York is a court case, not a notice from a bank. That means a homeowner has the right to be heard and to raise legal defenses before a judge. Petroff Amshen LLP represents New York homeowners in foreclosure defense, from the first filing to the final ruling.
How Petroff Amshen Approaches Foreclosure Defense
The firm reviews the loan file and the court record, identifies the defenses available under New York law, and litigates the case in state and federal courts. The focus is the defense itself: whether the process and the documentation meet what the law requires, from standing to the required notices to the statute of limitations. A homeowner is not required to prove the loan was unfair. The defense turns on whether the law was followed.
What is the New York foreclosure process?
New York is a judicial foreclosure state, so the party holding the loan must file a lawsuit and obtain a court order before a home can be sold. For most home loans, the law requires specific notices, including the 90-day pre-foreclosure notice under RPAPL 1304 and the notice under RPAPL 1303, and residential cases are directed to a court-supervised settlement conference. Each step is a point where the requirements of the law can be examined.
What does the New York foreclosure timeline look like?
A New York foreclosure moves through defined stages. Each one is a point where the requirements of the law can be examined.
Missed payments and early notices
Before any case is filed, the loan servicer sends notices about the default. Reviewing the loan file can begin at this point.
The 90-day pre-foreclosure notice
For most home loans, RPAPL 1304 requires a 90-day notice before a foreclosure action can be filed. A defect in this notice can be relevant to a defense.
The summons and complaint
The party holding the loan files a lawsuit in New York State court and serves the homeowner. A response is due within a set number of days.
The answer and defenses
The homeowner can file an answer that raises defenses and counterclaims. Missing this deadline can limit the defenses available later.
The settlement conference
Residential cases are directed to a court-supervised settlement conference, where the parties appear before a court referee.
Motion practice
If the case is not resolved, either side may file motions, including a motion for summary judgment. The defenses in the file are argued at this stage.
Judgment and sale
If no resolution is reached, the court may enter a judgment and direct a sale. Many cases are resolved before this point.
What are common foreclosure defenses?
A defense is built on the record. Depending on the facts, it may turn on:
- Whether the party seeking foreclosure has established standing.
- Whether the required RPAPL notices were properly served.
- Whether the action was filed within New York’s statute of limitations, including how the Foreclosure Abuse Prevention Act (FAPA) applies.
- Errors or gaps in the loan documentation.
- Servicer conduct under federal rules, such as misapplied payments or ignored written requests.
Authoritative sources: RPAPL § 1304 · CPLR 3408
