Appellate Wins Reinforce Petroff Amshen LLP’s Role in Protecting New York Homeowners from Foreclosure | Petroff Amshen LLP

June 10, 2025

Appellate Wins Reinforce Petroff Amshen LLP’s Role in Protecting New York Homeowners from Foreclosure

Petroff Amshen LLP has secured five appellate reversals across Brooklyn and Queens, stopping foreclosure actions initiated by major mortgage lenders such as Wells Fargo, U.S. Bank, Deutsche Bank, and Nationstar Mortgage. These victories reflect the firm’s focus on litigation-first strategy and reinforce its reputation as trusted foreclosure defense attorneys for New York homeowners.

Each case exposed serious legal flaws—missed deadlines, unverified records, or improperly documented notices—that ultimately invalidated the foreclosure. By applying procedural precision and appellate experience, Petroff Amshen LLP protected five clients from losing their homes.

Missed Deadlines Undermine Foreclosure Efforts

In one case, Wells Fargo failed to seek a foreclosure judgment within the one-year window required after obtaining an order of reference. Despite having the authority to proceed, the bank delayed without justification. Petroff Amshen LLP argued that this delay violated procedural rules—and the appellate court agreed, dismissing the case in its entirety.

In a second Wells Fargo case, the bank ignored a 2017 court order instructing it to resume prosecution within 90 days. After more than six years of inaction, Wells Fargo attempted to reopen the case. Petroff Amshen LLP successfully defended the existing dismissal, which the Appellate Division upheld—permanently closing the action.

“We don’t just delay foreclosure—we dismantle it where the law allows. These outcomes reflect our dedication to using the law to protect our clients’ homes and hold lenders accountable”

Weak or Unsupported Evidence Fails to Justify Foreclosure

In an action brought by Deutsche Bank, the lender attempted to prove default with a sworn affidavit—but failed to include any business records to support the claim. The affiant had no personal knowledge of the loan's administration and the appellate court found the evidence inadmissible, and vacated the judgment.

Similarly, in a case involving Nationstar Mortgage, the foreclosure was based on a payment history that predated the lender’s ownership of the loan. Nationstar relied on records from a previous servicer but offered no authentication or foundation for their accuracy. The court held that this documentation lacked legal support, and the foreclosure judgment was reversed.

Inadequate Notice Invalidates Legal Action

U.S. Bank faced reversal after relying on internal logs and vendor-generated reports to prove compliance with New York’s RPAPL 1304 notice requirement. However, it failed to demonstrate how those notices were prepared, verified, or mailed under applicable procedures. The appellate court found that U.S. Bank had not met its evidentiary burden and denied its motion for summary judgment.

Strategic Litigation as an Alternative to Foreclosure

These five appellate victories show how alternatives to foreclosure can arise not only from loan modifications but from strategic legal challenges. Petroff Amshen LLP identified procedural gaps, evidentiary failures, and noncompliance—turning them into fully litigated reversals.

“We don’t just delay foreclosure—we dismantle it where the law allows,” said Steven Amshen, Founding Partner at Petroff Amshen LLP. “These outcomes reflect our dedication to using the law to protect our clients’ homes and hold lenders accountable.”

Foreclosure Defense Attorneys With Proven Appellate Success

With a growing number of victories in both trial and appellate courts, Petroff Amshen LLP continues to lead as a result-driven foreclosure defense attorney for New York homeowners. The firm handles all stages of foreclosure litigation, from initial response to the foreclosure complaint through appeal, ensuring homeowners have the legal support they need at every step.

About Petroff Amshen LLP

Petroff Amshen LLP is a New York-based law firm with decades of experience in foreclosure defense, mortgage litigation, credit damage, and identity theft. The firm represents homeowners throughout New York with strategic, results-driven legal advocacy.