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News & Resources

bankruptcy keep your home

Can you File for Bankruptcy and Keep your Home?

November 2, 2021

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 […]

private student loans bankruptcy

Second Circuit Holds that Private Student Loans May be Discharged in Bankruptcy

September 15, 2021

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 […]

governor hochul

New York’s Eviction and Foreclosure Moratorium Extended until January 2022

September 10, 2021

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 […]

wendy weathers

WCBA Member Spotlight – Wendy Marie Weathers

September 9, 2021

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 […]

mortgage forbearance cgw ny attorneys

Moratorium Madness: Post Pandemic Foreclosure

September 1, 2021

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 […]

Supreme Court strikes down new CDC Moratorium, will allow evictions to resume.

Supreme Court strikes down new CDC Moratorium, will allow evictions to resume

August 30, 2021

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 […]

eviction moratorium supreme court 6-3 decision

Supreme Court strikes down portion of New York Eviction Moratorium, major victory for Landlords.

August 23, 2021

In response to the COVID-19 Pandemic, New York Governor Cuomo signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. The latest extension of the Eviction Moratorium put a stay on foreclosures and evictions until August 31, […]

cdc eviction moratorium

CDC issues new Eviction Moratorium, legal battle looms

August 16, 2021

In response to the COVID-19 Pandemic, the Center for Disease Control (“CDC”) ordered a new moratorium on residential evictions through October 3, 2021. This contradicts previous statements by the CDC that their previous moratorium, which was set to expire on […]

RPAPL

RPAPL Now Applies to all Residential Mortgages for One to Four-Family Dwellings

August 4, 2021

On August 3, 2021, Governor Andrew M. Cuomo signed into law Senate Bill S5785A, making theaffirmative allegation provision for high-cost loans and subprime home loans applicable to foreclosuresof residential mortgages covering one to four-family dwellings. Real Property Actions and ProceedingsLaw […]

Wendy Marie Weathers, Mary Aufrecht, and Erin K. Flynn

New York Foreclosure and Repossession Compliance

August 3, 2021

Clair Gjertsen & Weathers PLLC is pleased to announce that partners Wendy Marie Weathers, Mary Aufrecht, and Erin K. Flynn will present “New York Foreclosure and Repossession Compliance” as a live webinar on August 31, 2021. They have been invited […]

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