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NY Foreclosure Servicess: A Homeowner's Comprehensive Guide

A 24-page plain-language guide to the legal defenses New York homeowners can use to challenge unlawful foreclosures — written by specialists who study and analyze them.

24 Pages 7 Chapters Updated for FAPA 2022 Free PDF
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Seven Chapters Covering Every Major NY Foreclosure Services

01
Introduction to NY Foreclosure Law

The foreclosure process in New York, how lenders file, and why understanding the law is the first step to defending your home.

02
Statute of Limitations (CPLR § 213(4))

How New York's six-year limitations period works, what triggers it, and why so many foreclosure actions are time-barred before they begin.

03
Standing to Foreclose

Who can legally foreclose — and who cannot. Note holder requirements, assignment chains, securitization defects, and robo-signing vulnerabilities.

04
Foreclosure Abuse Prevention Act (FAPA)

The landmark 2022 reform that closed the revolving-door loophole. What changed, what it means for pending cases, and how to use it.

05
Acceleration & De-Acceleration

When the six-year clock starts, how lenders try to reset it, and why post-FAPA courts are rejecting those attempts.

06
Pleading & Notice Defects

RPAPL §§ 1303, 1304, and 1306 — the mandatory pre-suit requirements lenders routinely violate, and how to use those violations as a complete defense.

07
Quiet Title Actions

Going on offense: how homeowners can file under RPAPL Article 15 to have an expired mortgage lien judicially discharged from the public record.

2022 Reform — Chapter 4 of the Guide
The Foreclosure Abuse Prevention Act Changed Everything

Before FAPA, lenders could voluntarily discontinue a foreclosure, wait, and refile — resetting the six-year clock indefinitely. FAPA ended that practice permanently. Chapter 4 explains what the law does, how courts are applying it retroactively, and what it means for your case right now.

Read Chapter 4 →

Court Decisions That Define Your Defenses

Freedom Mortgage Corp. v. Engel
37 N.Y.3d 1 (2021)
Statute of Limitations

The Court of Appeals held that a voluntary discontinuance of a prior foreclosure action does not de-accelerate the loan. The six-year clock keeps running — and FAPA later made this the permanent statewide rule.

Bank of New York v. Silverberg
86 A.D.3d 274 (2d Dep't 2011)
Standing

MERS lacked authority to assign the mortgage when it was never the note holder — a foundational ruling used to challenge thousands of NY foreclosures on standing grounds.

HSBC Bank USA v. Ozcan
154 A.D.3d 822 (2d Dep't 2017)
Pleading Defects

Failure to strictly comply with RPAPL § 1304 notice requirements is a jurisdictional defect — courts must dismiss regardless of whether the borrower had actual knowledge of the default.

Written for Every Stage of the Foreclosure Process

Homeowners in Default

You received a default notice or 90-day letter. This guide explains what happens next and which defenses may already be available to you before a lawsuit is even filed.

Named in a Foreclosure Action

A lawsuit has been filed. This guide helps you understand the timeline, what motions are available, and why acting quickly to raise defenses is essential under NY law.

Old or Dormant Mortgages

Your lender hasn't acted in years — but a lien still sits on your property. This guide explains when the statute of limitations has run and how to pursue quiet title to clear it.

Read the Guide. Then Talk to an Specialist.

The e-book gives you the knowledge. A consultation gives you a strategy specific to your case, your lender, and your timeline.