March 25, 2024

The Power of a Strong Appeal in Foreclosure Defense

An adverse decision doesn't mean the loss of your home

In the bustling streets of Brooklyn, Andrew Taylor* found himself entangled in a legal battle that strikes fear into the heart of many homeowners: foreclosure. However, Taylor's story is not just another tale of loss and despair; it's a narrative of resilience, legal acumen, and how the right moves can save your home from foreclosure. This case not only shines a light on the complexities of foreclosure laws but also serves as a guide for those falling behind on mortgage payments, offering insights into how a foreclosure defense attorney can be your greatest ally. 

"When mortgage servicers make mistakes, records get lost, payments are processed too slowly, or servicer personnel do not have the latest information about a consumer’s account, the consumer suffers the consequences." - CFPB, 2013

The Legal Journey of Andrew Taylor

Taylor’s ordeal began with a mortgage of $464,000, secured in 2009, which spiraled into a foreclosure action by Wells Fargo the following year. Fast forward to 2018, SYCP, LLC, the plaintiff and successor in interest, reignited efforts to foreclose the mortgage against Evans. But there was a twist; Evans fought back with a counterclaim under RPAPL 1501(4) seeking to cancel and discharge the mortgage record due to the action being time-barred—a move that would ultimately lead to his victory.

Understanding RPAPL 1501(4) and the Statute of Limitations

At the heart of Taylor’s defense was RPAPL 1501(4), a legal provision allowing for the cancellation and discharge of a mortgage when the statute of limitations for commencing a foreclosure action expires. The statute of limitations for foreclosure in New York is six years, counting from the date the debt is accelerated. We at Petroff Amshen, as Mr. Taylor’s legal team, astutely argued that since the original foreclosure action in 2010 accelerated the debt, the clock started ticking, expiring well before SYCP, LLC initiated their action in 2018.

The Role of a New York Foreclosure Attorney

Taylor’s victory underscores the critical importance of having a skilled New York foreclosure attorney by your side. Navigating the murky waters of foreclosure law, understanding the nuances of statutes like RPAPL 1501(4), and crafting a defense that can withstand legal scrutiny requires expertise and experience. This case exemplifies how legal knowledge can transform a seemingly dire situation into a triumphant win for homeowners.

Andrew Taylor’s successful defense against foreclosure is a beacon of hope for homeowners facing similar challenges. It highlights the power of legal defense strategies and the importance of timely, expert legal advice. If you're falling behind on mortgage payments or facing foreclosure, remember: the right New York foreclosure attorney can make all the difference in turning the tide in your favor.

*Client names have been changed to preserve their privacy. 

Petroff Amshen logo
About Us
Our Firm
Attorneys
Practice Areas
Publications
Contact Us
Office

1795 Coney Island Avenue
3rd Floor
Brooklyn, New York 11230

This website is attorney advertising. The information contained in the Petroff Amshen LLP. website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Prior results do not guarantee a similar outcome.  FULL DISCLAMER

© Copyright 2024 Petroff Amshen LLP. All rights are reserved.