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Foreclosure Defense Attorneys in
Westchester County, NY

Experienced New York Foreclosure Defense

Attorneys You Can Trust

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Facing foreclosure can be overwhelming, but you don’t have to fight it alone. At The Law Office of Charles A. Higgs we help homeowners in New York including Westchester County, Rockland County, Bronx County, Orange County, Putnam County, Queens County, Kings County, NYC, and the surrounding communities protect their homes and explore every available legal option. Our goal is to stop foreclosure, give you time to catch up, and help you achieve a financial fresh start.

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We have extensive experience defending foreclosure actions in New York courts and negotiating with lenders. Depending on your situation, we can help you:

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  • Stop Foreclosure Immediately through legal filings or bankruptcy

  • Negotiate Loan Modifications to make payments more affordable

  • Fight Wrongful Foreclosure and lender violations

  • Explore Alternatives such as short sales or repayment plans

  • File Chapter 13 Bankruptcy to stop foreclosure and restructure your mortgage

Every case is unique. We review your financial situation, explain your legal rights, and create a strategy to protect your home.

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Serving Homeowners throughout  New York including Westchester County, Rockland County, Bronx County, Orange County, Putnam County, Queens County, Kings County, NYC, and the surrounding communities.


From Yonkers to White Plains, New Rochelle, Mount Vernon, Brooklyn, The Bronx, Queens, and beyond, our foreclosure defense attorneys are ready to fight for you.

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Schedule a Free Consultation Today and learn how we can help you stop foreclosure and save your home.

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Some of Our Success Stories

Recent Foreclosure Defense Victory: $1M+

Mortgage Declared Time-Barred

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At The Law Office of Charles A. Higgs, we successfully represented a Kings County property owner in  a quiet title action against a mortgage lender. The Court ruled in our client’s favor, finding that the mortgage—exceeding $1 million—was unenforceable due to the expiration of the statute of limitations. As a result, the Court ordered the mortgage to be discharged, canceled, and stricken fro the property records, clearing title to the property. This decision highlights our firm’s commitment to protecting homeowners  in New York.

Foreclosure Case Dismissed Due

to Defective 90-Day Notice

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The Law Office of Charles A. Higgs successfully defended a Westchester County homeowner in a foreclosure action. We argued that the mortgage lender violated New York’s RPAPL § 1304 by failing to properly address the required 90-day pre-foreclosure notice. Specifically, the notice omitted the correct unit number in a multi-family property. The Court agreed with our position, denied the lender’s motion for summary judgment, and dismissed the foreclosure case entirely. This outcome demonstrates our firm’s deep understanding of foreclosure procedures and our commitment to protecting homeowners’ rights under New York law.

$440,000 Mortgage Reduction Secured  for Westchester County Homeowner Through Litigation

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The Law Office of Charles A. Higgs represented homeowners in a mortgage dispute that led to a favorable settlement. As a result of our legal advocacy, the mortgage lender agreed to eliminate approximately $440,000 from the loan balance—reducing the total mortgage from around $890,000 to just $450,000. This significant reduction helped our clients regain financial stability and preserve ownership of their home. Our firm remains committed to achieving real, impactful results for homeowners facing foreclosure or mortgage challenges in Westchester County and throughout New York.

Groundbreaking Negligence Claim Permitted Against Mortgage Company 

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The Law Office of Charles A. Higgs secured a significant legal victory in federal court on behalf of a homeowner pursuing a negligence claim against two mortgage companies. In two written decisions, a U.S. District Judge in the Eastern District of New York denied the mortgage company's motion to dismiss, allowing our client’s negligence claim to proceed under a theory of assumed duty of care.

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This ruling is particularly noteworthy because courts in New York and the Second Circuit have traditionally held that mortgage lenders and servicers do not owe borrowers a duty of care—effectively barring negligence claims. Our case represents one of the rare exceptions to this rule and may pave the way for more homeowners to hold mortgage companies accountable for negligent conduct.

This decision underscores our firm’s innovative and aggressive approach to protecting homeowners' rights in mortgage litigation and foreclosure defense throughout Westchester County and New York State.

FREQUENTLY ASKED QUESTIONS ABOUT NEW YORK FORECLOSURES

How does the foreclosure process work in New York?

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In New York, foreclosure is a judicial process, meaning your lender must file a lawsuit to foreclose on your home. The process typically includes:

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  • At least 90 days prior to commencement of the foreclosure case, the mortgage company is required to mail you the 90 day pre-foreclosure notice required under RPAPL 1304.

  • Filing a foreclosure complaint in court

  • Serving you with a summons and Complaint

  • Foreclosure settlement conferences

  • If no resolution is reached the Plaintiff will generally move for Summary Judgment and an Order of Reference Appointing a Referee

  • The Court appointed referee computes the amount owed

  • The Plaintiff moves for a Motion of Judgment of Foreclosure and Sale 

  • A foreclosure sale is scheduled                                                                                  Our Westchester foreclosure defense attorneys can help you respond to the lawsuit and explore options to stop foreclosure or negotiate with your lender.

How long does a foreclosure take in New York?

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Foreclosures in New York can take many months or even years, depending on the court schedule and whether you fight the case. Defending a foreclosure can significantly extend the timeline, giving you more time to explore loan modifications, bankruptcy, or other solutions.

How can I stop a foreclosure in New York?

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The most important thing is to make sure that you timely file an Answer to the Foreclosure Complaint​. It is important to have an attorney to assist with filing an Answer in the Foreclosure as the failure to include certain defenses in your Answer to the Complaint can result in the defenses being waived.

There are several ways additional way to stop a foreclosure in New York, including:

  • Filing for Chapter 13 bankruptcy, which stops foreclosure through the automatic stay and lets you catch up on payments

  • Negotiating a loan modification

  • Challenging the foreclosure in court if the lender made mistakes.

  • Our attorneys will review your case and create a strategy to protect your home.

What is a foreclosure settlement conference in New York?

 

New York law requires most residential foreclosure cases to go through a mandatory settlement conference. This is an opportunity for you and the lender to discuss alternatives, like a loan modification or repayment plan, before the case proceeds. Having an experienced attorney at this stage can increase your chances of saving your home.

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