Petroff Amshen LLP, in a decisive legal win, prevents a lender from pursuing a second foreclosure action, defending the rights of New York homeowners under the Foreclosure Abuse Prevention Act ("FAPA").
NEW YORK, NY / ACCESSWIRE / November 21, 2024 / Petroff Amshen LLP has secured a critical victory for a New York homeowner, successfully blocking a major lender from proceeding with a second foreclosure action after defending against a prior action, which was dismissed. Leveraging the protections of FAPA, Petroff Amshen LLP's assertive legal strategy has strengthened the safeguards in place for homeowners against repetitive foreclosure attempts by powerful financial institutions.
The case centers around a mortgage default from 2008, which led the bank to file a foreclosure action in 2014. That case was ultimately dismissed by the Appellate Division in 2022. In 2023, the lender filed a new foreclosure action on the same debt and property, seeking to bypass the dismissal and the protections offered by New York's foreclosure laws. Petroff Amshen LLP immediately challenged this action by applying FAPA, which prevents lenders from these unscrupulous actions, shielding homeowners from being repeatedly dragged into court over the same issue.
FAPA was designed precisely for cases like this. By restricting how and when mortgage lenders can restart foreclosure actions, FAPA protects New York residents from abusive foreclosure practices. This reduces financial and emotional strain, bringing stability and peace of mind to homeowners across the state.
In this case, the bank attempted to secure a default judgment to foreclose on the property. Petroff Amshen LLP argued that the lender's repeated action contradicted FAPA's protections, ultimately leading the court to dismiss the case. This proactive legal defense prevented the homeowner from facing another foreclosure process, highlighting the crucial role FAPA plays in blocking excessive litigation.
"New York homeowners are protected from repeated legal actions under FAPA, and these attempts to foreclose on the same debt were unwarranted," said Steven Amshen, Founding Partner of Petroff Amshen LLP. "Our firm stands firmly against such unfair practices, ensuring the rights and stability of New York residents are safeguarded. Each victory like this underscores our dedication to upholding homeowners' rights in New York, holding even the largest lenders accountable."
This recent ruling reinforces Petroff Amshen LLP's commitment to defending homeowners from repetitive foreclosure actions and holding financial institutions to the new standards established by FAPA. As New York foreclosure law evolves, Petroff Amshen LLP continues to advocate for New York families, bringing awareness to these critical protections and ensuring that lenders adhere to legal requirements. Each case strengthens Petroff Amshen LLP's resolve as a trusted defender of homeowner rights across the state.
As foreclosure law adapts to prevent such aggressive lender practices, Petroff Amshen LLP remains a steadfast advocate for New York families. Homeowners facing similar threats from large lenders are encouraged to understand their rights under these new protections and seek experienced counsel to help preserve their homes and their futures.
Contact Information
Gabriel Botero
Media Relations
media@petroffamshen.com
(718) 336-4200
SOURCE: Petroff Amshen LLP
View the original press release on newswire.com.
