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News & Resources

Chapter 7 vs Chapter 13 Bankruptcy in Westchester and the Hudson Valley

Chapter 7 vs Chapter 13 Bankruptcy in Westchester and the Hudson Valley: Which Is Right for You?

March 18, 2026

When individuals in Westchester County or the surrounding Hudson Valley begin researching bankruptcy, the first question is usually not “Should I file?” It is “Which chapter is right for me?” Chapter 7 and Chapter 13 are the two most common […]

Stop Foreclosure Westchester Hudson Valley New York

How to Stop Foreclosure in Westchester and the Hudson Valley: Legal Options at Every Stage

March 11, 2026

Receiving a foreclosure notice is one of the most stressful experiences a homeowner can face. For many residents in Westchester County, Putnam County, Dutchess County, Rockland County, Orange County, Ulster County, and Sullivan County, the fear is immediate and overwhelming: […]

NYC Good Cause Eviction Law

New York passes the Good Cause Eviction Law altering how evictions are conducted

May 3, 2024

New York recently passed legislation called the Good Cause Eviction Law. The Law dramatically changes the rights and obligations of both landlords and residential tenants in New York City by capping rent increases, limiting grounds for eviction, and requiring lease […]

albany statehouse

Foreclosure Abuse Prevention Act: Retroactivity Debate and Its Implications for Borrowers

July 12, 2023

The Foreclosure Abuse Prevention Act (FAPA) was signed by Governor Hochul effective December 30, 2022. Since then, the Courts have been split on whether this Act is retroactive. What does this mean for the borrower on a residential mortgage? It […]

student loan bankruptcy

Can Student Loans Be Discharged in Bankruptcy?

March 16, 2023

Did you know that some student loans are eligible for standard bankruptcy discharge? Although many student loans are subject to an “undue hardship” standard and require a separate proceeding to be discharged in bankruptcy, some private student loans can be […]

clair gjertsen weathers attorneys

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 definitions

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 […]

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