Case Description: The owner defaulted on her mortgage years ago to the point where she owed 1.2 million to the bank. I defended her in the foreclosure action. A mortgage modification or refinance was impossible because of limited income. I defeated a motion for summary judgment, and the case went to trial where I alleged the statute of limitations as a principal defense.

Outcome: I won the trial by Decision dated June 10, 2019, and now the bank cannot enforce the mortgage, as it is time barred; so, in essence, a 1.2Million dollar debt was wiped out.

LOAN MODIFICATION

Willmington Trust v. Perry, Richmond County, Index No. 135338/2017

Case Description: The borrower was behind on her payments for many years, and the bank refused to give her a loan modification. As a result, we litigated the case, and I made a motion to dismiss on various grounds including statute of limitations. This started serious negotiations, and the bank caved.

Outcome: My client's loan modification was granted, and they forgave $178,279.92 from the principal. This saved my client's home and gave her equity once again.