90-day notice
You received a pre-foreclosure notice and want to understand what happens next.
Discuss this stageNew York foreclosure defense & bankruptcy counsel
Served With Foreclosure Papers—or Facing an Auction?
We defend New York homeowners and property owners at every stage of foreclosure. When bankruptcy is the better tool, we can handle that too.
15+Years of Experience
2026 Appellate WinNew York Second Department
Attorney Advertising. Prior results do not guarantee a similar outcome.
Start with the document in front of you
What stage is your foreclosure in?
Different stages call for different decisions. Select the situation closest to yours, then bring us the papers for a substantive review.
Summons & complaint
A foreclosure action has been filed and your time to answer may be running.
Discuss this stageMotion filed
The lender is seeking summary judgment, an order of reference, or a foreclosure judgment.
Discuss this stageSale scheduled
An auction date has been set and immediate legal review is important.
Discuss this stageA litigation-first review
A foreclosure is a lawsuit—not merely a payment problem.
Our review looks beyond modification paperwork. We examine service, required notices, standing, limitations issues, payment history, motion practice, and the procedural record.
How we evaluate a foreclosureBankruptcy when it fits
One firm can evaluate both litigation and bankruptcy.
Chapter 13 or Chapter 11 can be powerful tools, but bankruptcy should not be the automatic answer. We consider the client’s objective, income, equity, arrears, defenses, and timing together.
Compare the bankruptcy optionsRepresentative trial and appellate outcomes
A record built by finding the issue that changes the case.
2026 Appellate WinSecond Department
Deutsche Bank Natl. Trust Co. v. Benson, 248 A.D.3d 1187 (2d Dep't 2026)
Foreclosure summary judgment reversed on appeal.
The Appellate Division reversed the orders granting the lender summary judgment and an order of reference. It held that conflicting affidavits about the mailing of the RPAPL 1304 notices raised a triable issue of fact.
Read the published decision$1M+
Mortgage declared time-barred
A court ordered a mortgage exceeding $1 million discharged, canceled, and stricken from the property records.
Dismissed
Defective 90-day notice
A Westchester foreclosure was dismissed after the required notice omitted the correct unit number.
$440K
Mortgage balance reduction
Litigation led to a settlement reducing an approximately $890,000 mortgage balance to roughly $450,000.
Federal
Negligence claim allowed to proceed
Two federal rulings permitted a homeowner’s negligence theory against mortgage companies to proceed based on an alleged assumption of duty.
Dismissed
International contract action
The firm obtained dismissal on forum non conveniens grounds in a dispute arising from an agreement entered into in the United Arab Emirates.
Vacated
Commercial eviction warrants
Two commercial eviction warrants were vacated and the underlying landlord-tenant proceedings were dismissed for a Brooklyn nightclub.
Results depend on the facts and law applicable to each matter. Prior results do not guarantee a similar outcome.
See Representative ResultsFocused practices
Connected legal strategies.
Foreclosure, insolvency, appeals, and business-debt litigation often intersect. Our practice is structured to see the whole problem.
Foreclosure Defense
Answers, motion practice, RPAPL notice issues, standing, limitations, sale litigation, and lender disputes.
Explore this practiceBankruptcy
Personal and business representation under Chapters 7, 13, and 11, including Subchapter V matters.
Explore this practiceForeclosure Appeals
Appellant and respondent representation, appellate briefing, stays, records, and consulting with trial counsel.
Explore this practiceMCA Litigation
Borrower-side defense involving MCA lawsuits, guaranties, judgments, account restraints, and workouts.
Explore this practice“Mr. Higgs took the time and energy to understand every nuance, proposed alternative strategies, and…brought us to a place of strength rather than a place of weakness.”
Direct, strategic counsel
You work with attorneys who understand both the courtroom and the financial picture.
Based in Mount Kisco and representing clients throughout New York, the firm combines practical advice with serious litigation experience.
Meet the attorneysRequest a case review
The earlier the review, the more options may remain.
Tell us what you received and any upcoming court or sale date. We will contact you to discuss the next step.