NY Residential Foreclosure Case On November 17, 2021, the Supreme Court of the State of New York, Appellate Division, Second Judicial Department affirmed a lower court’s holding that granted Defendants (homeowners) motion for summary judgment in U.S. Bank Trust, N.A. […]
With the foreclosure moratorium created by the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 expiring on January 15, 2022, a rush of co-operative foreclosures will be coming. However, unlike a foreclosure on a house or condominium, the foreclosure […]
In response to the economic impact caused by the COVID-19 Pandemic, New York Governor Hochul signed into law Senate Bill S671 to assist borrowers in applying for a mortgage loan modification. The new law requires lenders and/or mortgage servicers to […]
Recently, a woman in California, filed an adversary proceeding in a personal bankruptcy without an attorney and was able to negotiate her approximate $350,000.00 student loan debt down to $7,200.00. Loe was a 47-year-old woman who had accumulated federal student […]
If you have equity in your home and you file for bankruptcy, there are certain requirements that must be met in order to keep your home. In both a personal Chapter 7 or Chapter 13 Bankruptcy, you can protect assets […]
As discussed in a previous blog post, discharging student loans in a bankruptcy can be an arduous task. However, a recent Court of Appeals for the Second Circuit decision addressed private student loan discharge in its applicability and the legislative […]
On September 2, 2021, Governor Hochul signed a new Moratorium on COVID-19 related to Evictions and Foreclosures. “The pandemic has created unimaginable anxiety for families and business owners who have lost income and are struggling to pay the rent every […]
Immediate Past President of the Westchester County Bar Association, Wendy Marie Weathers, has shared in the WCBA Member Spotlight her challenges in forming Clair Gjertsen and Weathers PLLC, a law firm concentrating in the areas of foreclosure defense, bankruptcy, and […]
In Collaboration with the Westchester County Bar Association and Bronx Women’s Bar Association What role has COVID-19 played within the foreclosure context and what does one need to know in commencing or defending foreclosure actions? This CLE will review contractual […]
In response to the COVID-19 Pandemic, the Center for Disease Control (“CDC”) ordered a new moratorium on residential evictions through October 3, 2021. Despite the numerous issues the Supreme Court has with the previous moratorium, the CDC issued the new […]