Law Merchant Solutions is a Brooklyn-based community service provider. We review your foreclosure case, identify every viable defense, and assist in preparing written materials — so you can file it in your own name and fight back.
Law Merchant Solutions is a community service provider — not a law firm — and does not provide legal advice or representation.
Under CPLR 213(4), lenders have exactly six years to foreclose after acceleration. We identify when that clock started — and whether it has expired.
Learn More →The plaintiff must prove it held the note at commencement. MERS assignments, endorsement gaps, and servicer affidavit deficiencies are all grounds for dismissal.
Learn More →The 2022 Foreclosure Abuse Prevention Act closes lender loopholes. Voluntary discontinuance no longer resets the SOL. We apply FAPA to every pending action.
Learn More →Standing must be pleaded as an affirmative defense or it is waived. We ensure your answer is properly drafted to preserve every available defense.
Learn More →Not every lender letter constitutes valid acceleration. We scrutinize prior complaints and notices to determine exactly when — and whether — the debt was accelerated.
Learn More →Under RPAPL 1501, once a foreclosure is time-barred, we can bring a quiet title action to permanently discharge the mortgage from the property records.
Learn More →Established that default notices referencing acceleration as a future event do NOT constitute valid acceleration. Voluntary dismissal revoked acceleration — later overridden by FAPA.
SOL · AccelerationConfirmed FAPA's retroactive application is constitutionally valid. Lenders cannot challenge prior accelerations in quiet title proceedings. FAPA is settled law.
FAPA · ConstitutionalPhysical possession of the original note — not the mortgage — is the dispositive instrument for standing. Pre-commencement delivery of a blank-endorsed note establishes standing.
Standing · Note HolderLack of standing is waived unless clearly and expressly pleaded as an affirmative defense. A general denial of the complaint's standing allegations is insufficient.
Standing · PleadingJudicial estoppel requires a prior favorable judgment — mere inconsistency is insufficient. Servicer affidavits grounded in business records establish standing at summary judgment.
Standing · EstoppelA MERS assignment of mortgage does not confer standing where MERS was only a nominee and lacked any interest in the underlying promissory note.
Standing · MERSForeclosure defense in New York requires mastery of a decade of shifting appellate doctrine — from pre-FAPA acceleration rules to the constitutional validity of FAPA itself. We know this body of law.
Choose a 45-minute slot Tuesday, Wednesday, or Thursday — 11:00 AM to 3:00 PM ET. The $295 consultation fee confirms your session.
Bring your mortgage, note, all court papers received, and any prior lawsuit information. The more we have, the more precisely we can identify your defenses.
We analyze your SOL timeline, standing vulnerabilities, FAPA applicability, and RPAPL notice compliance — identifying every viable defense in your specific case.
We assist in preparing written materials based on publicly available information and your input. You choose whether to use them in your own filing. You stay in control.
Our comprehensive 24-page practice guide covering CPLR 213(4), the Engel decision, FAPA's full impact, standing under Aurora, and defense checklists — available as a free PDF.
One 45-minute consultation can reveal whether your lender's case is fatally defective under New York law. The defenses are powerful — but they must be raised on time.
Consultations held Tuesday, Wednesday & Thursday · 11:00 AM – 3:00 PM ET · Secure Stripe payment · Confirmation sent by email