Petroff Amshen LLP has secured five appellate reversals in foreclosure cases across Brooklyn and Queens. Each decision exposed legal and procedural flaws by major lenders - demonstrating how strategic litigation can serve as a powerful alternative to foreclosure.
NEW YORK CITY, NEW YORK / ACCESS Newswire / June 12, 2025 / Petroff Amshen LLP has secured five appellate reversals across New York City, stopping foreclosure actions that failed to meet New York's legal standards. These victories highlight the firm's litigation-first approach and its role as trusted foreclosure defense attorneys for homeowners in distress.
Each decision exposed a critical failure in the foreclosure process - whether procedural, evidentiary or statutory. The result: five homeowners protected from auctions through strategic legal action.
Foreclosure Can Be Dismissed When Lenders Miss Court-Ordered Deadlines
New York foreclosure cases are subject to strict procedural timelines. In one appeal, the lender failed to timely move for a judgment of foreclosure and sale. Despite having every opportunity, it offered no valid explanation for its delay.
Petroff Amshen LLP argued that the lender's inaction violated court rules. The Appellate Division agreed, dismissing the case and closing the door to further litigation. This decision confirms that even large financial institutions must follow the law - or face the loss of their claim.
Foreclosure Litigation That Stalls for Years Can Be Permanently Closed
In another case, the lender was ordered in 2017 to resume prosecution within 90 days or risk dismissal. It failed to act - for more than six years.
When the lender finally attempted to revive the case, Petroff Amshen LLP argued that the original dismissal was valid and irreversible. The appellate court upheld the dismissal, permanently shielding the homeowner from foreclosure. The case shows how courts enforce deadlines to protect property rights from prolonged and unmerited claims.
A Sworn Statement Without Records is Not Enough to Prove Default
Foreclosure judgments must be based on verifiable proof that a homeowner defaulted. In one appeal, the lender submitted a sworn affidavit alleging a default on the mortgage but failed to attach the business records it relied on, and the affiant had no personal knowledge of those records.
Petroff Amshen LLP exposed the evidentiary flaws. The appellate court found that the unsupported statements were legally insufficient, and the judgment was reversed. This decision reinforces that a foreclosure cannot stand on bare allegations; it requires real evidence.
Payment Histories Before Loan Transfers Must Be Verified in Court
In another successful appeal, the foreclosure judgment was based on a payment history covering years prior to the current lender acquiring the loan. The records came from a prior servicer and the person signing the affidavit had no knowledge of how those records were created and maintained.
Petroff Amshen LLP argued that the documentation lacked a proper evidentiary foundation. The appellate court agreed, ruling that payment data from previous servicers must be authenticated before being used in court. The reversal halted the foreclosure and protected the homeowner from a judgment built on unsupported history.
Defective Pre-Foreclosure Notices Can Invalidate the Entire Action
New York law requires that homeowners receive a specific notice at least 90 days before a foreclosure case is filed. In one case, the lender relied on internal logs to show compliance but failed to demonstrate how those notices were generated, mailed or verified.
Petroff Amshen LLP highlighted the weaknesses in the lender's pre-foreclosure process. The appellate court ruled that the notice requirement had not been properly fulfilled and reversed the judgment. Without legally compliant notices, foreclosure actions cannot proceed.
Foreclosure Defense Built on Law, Not Just Delay
In all five of these cases, Petroff Amshen LLP used legal precision - not stall tactics - to secure appellate victories. These outcomes demonstrate that alternatives to foreclosure exist when lenders overstep or fail to meet their legal burden.
"We dismantle foreclosure actions at their weakest point - the law. That's how we protect our clients," said Steven Amshen, founding partner at Petroff Amshen LLP. "These five cases show what happens when banks try to cut corners and we hold them accountable."
A Foreclosure Defense Attorney With Proven Results
With a growing record of trial and appellate wins, Petroff Amshen LLP continues to stand out as a leading foreclosure defense attorney in New York. The firm brings experience, strategy, and legal insight to every stage of foreclosure defense - from notice to appeal.
About Petroff Amshen LLP
Petroff Amshen LLP is a New York law firm with decades of experience in foreclosure defense, mortgage litigation, credit damage, and identity theft. The firm represents homeowners across New York with strategic, results-driven legal advocacy.
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Contact Information
Gabriel Botero
Media Relations
media@petroffamshen.com
(718) 336-4200
SOURCE: Petroff Amshen LLP
View the original press release on ACCESS Newswire:
https://www.accessnewswire.com/newsroom/en/business-and-professional-services/major-appellate-wins-reinforce-petroff-amshen-llps-role-in-prote-1038634
