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Meet Our Attorneys - Clair Gjertsen & Weathers PLLC

2022 NY Foreclosure Abuse Prevention Act (FAPA) Signed Into Law

January 23, 2023

Foreclosure Abuse Prevention Act (FAPA) was signed into law by Governor Hochul on December 30, 2022. This law intends to eliminate abusive and unlawful litigation tactics in mortgage foreclosure actions that manipulate the law and the courts in favor of […]

landlord tenant attorney westchester ny flood water damage

New Law Mandates Landlords in Westchester To Notify Renters of Flood Risk

September 2, 2022

With the recent increase in storms that have wreaked havoc in Westchester County by bringing severe flooding and causing incalculable amounts of property damage, the County has passed a new law, called the “Flood History Disclosure Law” requiring landlords to […]

RPAPL 1304

Massive Win for Borrowers: New York Court Finds That “90 Day Notice” Must Be Sent to Each Borrower Separately

August 23, 2022

NY Residential Foreclosure Case On July 21, 2022, the Supreme Court of the State of New York, County of Kings, granted the Defendants (borrowers) motion for summary judgment in HSBC Bank v. Freda Nierenberg, Reuben Nierenberg, Index No. 504903/2016. Clair […]

Foreclosure Surplus Funds 101

Foreclosure Surplus Funds 101

June 2, 2022

When a property is foreclosed upon, generally because of a defaulted mortgage, it is sold at a public auction. The proceeds of the sale are used to pay the outstanding mortgage of the lender. If the price paid is more […]

mortgage foreclosure-glossary terms and definitions for New York Residents

Mortgage Foreclosure Glossary: Terms and Definitions that Borrowers Should be Aware of!

April 28, 2022

How a New York Foreclosure Attorney May Help Please keep in mind that this list below may be long but is definitely not exhaustive of all of the legal terms and definitions you may come across if you find yourself […]

commercial foreclosure

What Rights Do Commercial Tenants Have When Facing Eviction?

April 14, 2022

For a commercial tenant, obtaining and keeping a lease is critical to the success of the business. Losing a commercial lease through forfeiture based on an alleged lease violation can threaten a business’s survival. To make things worse, with the eviction moratorium […]

foreclosure attorneys and lawyers in New York

Pre-Foreclosure Notices: RPAPL 1304 the “90 Day Notice”

April 11, 2022

New York requires that home loan borrowers receive notice of a potential foreclosure proceedings prior to commencement. This requirement is found in RPAPL 1304 which details the specific notice that lenders must serve at least 90 days before commencement of […]

Ninth Judicial District Supreme Court Induction Ceremony

Ninth Judicial District Supreme Court Induction Ceremony

March 4, 2022

Congratulations to Hon. Thomas R. Davis, Hon. James L. Hyer, Hon. Christie L. D’Alessio, and Hon. Thomas Quinones. Wendy Marie Weathers humbly participated in yesterday’s Ninth Judicial District Supreme Court Induction Ceremony presided by the Honorable Administrative Law Judge of […]

New york Consumer Credit Fairness Act

How the New York Consumer Credit Fairness Act Benefits Debtors

February 24, 2022

Massive blow to Debt Collectors- New York passes legislation that alters how collection lawsuits are filed. New York Governor Hochul recently signed into law Senate Bill S153 also known as the Consumer Credit Fairness Act. The Act amends the provisions […]

New York Foreclosure Abuse Prevention Act

New York Foreclosure Abuse Prevention Act

February 17, 2022

The New York State Legislature is currently reviewing Bill S5473D that relates to the rights of parties involved in foreclosure actions and provides additional details regarding the commencement and termination of certain actions related to real property.  The title of […]

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