Mary Aufrecht, Partner

Mary Aufrecht is a partner at Clair Gjertsen & Weathers PLLC. She started her legal career as a personal injury and maritime law attorney in New Orleans, Louisiana. However, having been a native New Yorker, Mary returned to practice in New York and was fortunate to gain the experience of working under Ira S. Clair, Esq., the founding member of Clair & Gjertsen, Esqs.

Since her return to New York she switched her legal focus to foreclosure defense, bankruptcy, and real estate transactions while also engaged in civil litigation, estate work, appellate practice, and loss mitigation. She has honed her legal skills in these areas since 2013 by appearing in thousands of court appearances ranging from local to state to federal court. During this time, she has carved out for herself a place of respect within the New York State legal community. Mary has had her case law frequently cited in many of her peers’ arguments, and due to her efforts in zealously defending her clients, she has assisted in ensuring the rights of borrowers are upheld within the judicial foreclosure process with her winning legal arguments.

Education

Associations

Bar Admissions

Notable Decisions

HSBC Bank USA, N.A. v. Schulman, 2025 NY Slip Op 01207 (2d Dept 2025.)

Court affirmed lower court and upheld the dismissal at trial based on plaintiff’s failure to prove compliance with the notice of default required pursuant to the mortgage.

U.S. Bank NA v. Schaer, 2024 NY Slip Op 00446 (2d Dept 2024)

Court reversed lower court’s granting of plaintiff’s motion for summary judgment and found in favor of defendant’s counterclaim that the statute of limitations had run on the mortgage.

Wachovia Mtge., FSB v Galiani, 219 AD3d 896 (2d Dept 2023)

Court reversed lower court’s granting of judgment of foreclosure and sale because plaintiff failed to prove personal jurisdiction over defendant and dismissed the case.

Wells Fargo Bank, N.A. v Schepisi, 218 AD3d 829 (2d Dept 2023)

Court found that lower court erred in denying a motion third party bidder at a foreclosure sale, to set aside a foreclosure sale and direct the referee to return their down payment because the referee failed to disclose the existence of a senior mortgage at the time of sale.

U.S. Bank N.A. v Cox, 203 AD3d 1206 (2d Dept 2022)

Court reversed the lower court’s granting of summary judgment based on plaintiff’s failure to prove compliance with RPAPL 1304 Notices.

U.S. Bank Trust, NA v Yozzo, 199 AD3d 962 (2d Dept 2021)

Court affirmed the lower court’s dismissal based on the expiration of the statute of limitations and affirmed that the bank was not a mortgagee in possession.

Citimortgage, Inc. v Seller, 2020 NY Slip Op 06096 (2d Dept 2020) – 10.28.20

Court reversed judgment of foreclosure and sale, finding that referee’s findings were not substantially supported by the record.

Deutsche Bank Natl. Trust Co. v Buah, 130 NYS3d 733 (2d Dept 2020) – 10.14.20

Court reversed summary judgment for plaintiff’s failure to prove compliance with RPAPL §1304 and the notice of default required pursuant to the mortgage.

HSBC Bank USA, NA v Tigani, 185 AD3d 796 (2d Dept 2020) – 7.15.20

Court reversed judgment of foreclosure and sale, remanding the matter back to the lower court for a hearing as the referee’s findings were not substantially supported by the record.

U.S. Bank Trust, N.A. v Yozzo, Index No. 2018/53384 -11.18.19

Court reaffirmed its holdings that the borrower’s statute of limitations defense was valid and that the bank was time barred from bringing the foreclosure action.

U.S. Bank Nat’l Assoc. v Williams, Index No. 1644/2014 – 8.23.19

Foreclosure action dismissed after trial and post-trial briefs based on the bank’s failure to comply with the RPAPL § 1304 notices.

Emigrant Bank v Solimano, Index No. 58709/2016 – 3.27.19

Successfully defended a borrower in a referee’s hearing, where the Referee found that the bank failed to prove standing, compliance with pre-foreclosure notice requirements and authority for its witness.

U.S. Bank Nat’l Assoc. v Weaver, Index No. 58446/2015 – 12.18.18

Foreclosure action dismissed after hearing and post hearing briefs for the bank’s failure to comply with RPAPL §1304(2).

21 Mortgage Corp v Rivera, Index No. 62926/2017 – 12.11.18

The court granted our motion declaring the bank’s note and mortgage to be invalid and time barred, thereby discharging the borrower’s mortgage debt.

Citimortgage, Inc. v Kidd, 148 AD3d 767 (2d Dept 2017) - 3.8.17

Court reversed judgment of foreclosure and sale, finding that the lower court improperly relied on the referee’s inadequately supported findings.

U.S. Bank, N.A. v Glusky 50 Misc.3d 313 (2d Dept 2015) – 10.7.15

Defeated a bank’s discovery motion regarding notice of admit.

Honors/Panels/Lectures