Consultation

Receiving a court summons is not the end – it is the beginning of your defense.

Defense Against Foreclosure in New York

New York is a "judicial foreclosure" state, which means the bank must go through a full court process to take possession of your property. This gives you time and legal tools to fight for your home.

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Foreclouse New York

Many people panic when they receive a Summons and Complaint, or worse, ignore the letter. However, in New York State, you have a real chance to defend yourself. Beata Gadek, PLLC specializes in representing homeowners, analyzing every loan document for the bank’s procedural errors.

How do we fight for your property?

Many foreclosure cases contain technical errors that can become the basis for your defense. We check, among other things:

  • Lack of Standing: Does the bank actually have the right to sue you (does it possess the original promissory note)?
  • Notification errors: Did you receive the legally required notices (e.g., 90-day notice) on time?
  • Federal violations: Did the lender violate RESPA or TILA regulations?

Beyond courtroom defense, we actively participate in Mandatory Settlement Conferences, where we negotiate alternative solutions with the bank, such as loan modification, a repayment plan (forbearance), or – if necessary – a favorable property sale (short sale).

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    Document analysis

    Meticulous examination of the loan history in search of bank errors that could halt or dismiss the case.

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    Court representation

    Professional legal representation before New York courts at every stage of the proceedings.

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    Settlement conferences

    Mandatory meetings with the bank under court supervision, aimed at reaching an agreement and avoiding foreclosure.

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    Alternatives to foreclosure

    Assistance in negotiating options such as Short Sale or Deed-in-Lieu, which protect your credit history.

Frequently asked questions

  • Do I have to move out immediately after receiving a letter from the bank?

    Absolutely not. The foreclosure process in New York is long-term. You can remain in your home throughout the entire court process, which gives us time to work out a solution.

  • What happens if I ignore the court summons?

    This is the worst possible option. If you do not respond to the lawsuit (Answer), the bank will receive a default judgment, which will drastically accelerate the foreclosure and take away our ability to defend you.

  • What are Mandatory Settlement Conferences?

    These are special court meetings where a judge or mediator oversees negotiations between you and the bank. It is a real chance to obtain a loan modification.

  • Can a lawyer stop a foreclosure sale that is already scheduled?

    In many cases, yes. By filing the appropriate motion (Order to Show Cause), we can ask the court to stay the sale if there are legal grounds to do so.

Contact

Need legal assistance?

Call us or fill out the form – the initial phone consultation is complimentary. We will discuss your case, and I will propose the best solution.