Upper Brookville, NY
Foreclosure Lawyer at Upper Brookville, NY
Practice Areas: Foreclosure, Real Estate ... +2 more
OUTCOME: Lender currently agreeing to roughly $700,000 less than claimed, matter still in active negotiation
Client borrowed ~$1M; after years of foreclosure litigation the lender claimed ~$1.95M. Through sustained litigation and key motion wins, the lender has agreed to accept ~$1.25M, about $700K less. Matt ... er ongoing; figures may change.
OUTCOME: A notice of appeal changed the lender's posture, producing a modification with principal reduction
Client was underwater in foreclosure after a court ruling went against him. Tom filed a notice of appeal. That shifted the lender's posture and produced a modification with a principal reduction, resto ... ring positive equity.
OUTCOME: Court granted a stay of eviction, giving the client critical additional time to secure funds and relocate safely.
Represented an elderly client, in her late seventies with serious health conditions, facing eviction under a stipulation of settlement that expressly barred her from filing an Order to Show Cause to st ... ay the eviction. Reading the stipulation closely, Tom recognized that the bar applied only to challenges based on the eviction proceeding itself, not to applications grounded in independent circumstances. He filed an Order to Show Cause based on the client's health, a basis the stipulation did not foreclose. The court signed the order and granted a stay of the eviction. Prior results do not guarantee a similar outcome; each case is decided on its own facts.v
OUTCOME: Modification obtained on an investment property, without the standard financial package
Tom secured a loan modification on a non-owner-occupied NY rental, without the financial package lenders normally require. Most servicers won't modify a rental at all. He worked the lender directly unt ... il it signed.
OUTCOME: $2.7 million payoff negotiated down to $600,000; client kept the home and retained over $2 million in equity.
Represented a Long Island homeowner who had been stuck in a Nassau County Supreme Court foreclosure for nearly four years. While reviewing the file, Tom found that the lender's affidavit of service nam ... ed an individual who had died ten years before the claimed date of service, making valid service impossible. After Tom raised the defect, the bank withdrew the action following its own internal review. Because the Foreclosure Abuse Prevention Act (FAPA) had sharply tightened the statute of limitations on refiling stale foreclosure actions, the lender no longer had a clean path back to court. Tom used that leverage to negotiate the payoff on a $2.7 million loan balance. Prior results do not guarantee a similar outcome; each case is decided on its own facts.
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