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New York Foreclosure and Repossession Compliance


Understand the frequent issues that arise, pitfalls to avoid, and common defenses to a foreclosure action in New York.

New York is a judicial foreclosure state, meaning that the lender cannot foreclose on a home without filing a lawsuit in court. The proper path towards a foreclosure sale in New York States requires several compliance elements, both contractual and statutory. This process can be lengthy, with the majority of foreclosure actions taking over a year before going to a foreclosure sale. It is important to understand potential pitfalls in this process. The topics covered in this presentation will help guide persons responsible for commencing or defending foreclosure actions to understand the pre-foreclosure and pending foreclosure compliance requirements. This topic will also cover the role that COVID-19 has played within the foreclosure context.



Wendy Marie Weathers, Esq.

Wendy Marie Weathers, Esq.

Clair Gjertsen & Weathers PLLC

  • Represented both institutional lenders and borrowers in all aspects of the mortgage banking industry and residential foreclosures for over 20 years
  • Court-Appointed Referee for Rockland, Orange, Putnam, Dutchess and Westchester County Foreclosure Actions
  • Immediate Past President of the Westchester County Bar Association (WCBA)
  • New York State Bar Association’s 2016 President’s Pro Bono Service Award for the 9th Judicial District
  • Member of the New York Bar, the National Association of Consumer Bankruptcy Attorneys, co-chair of the Bankruptcy Committee of the Westchester Women’s Bar Association, former co-chair of the Bankruptcy Committee of Fairfield County Bar Association, former Delegate of the House of Delegates of the New York State Bar Association, and member of the Hudson Valley Bankruptcy Bar Association
  • J.D. degree, City University of New York Law School at Queens College; B.A. degree, State University of New York at Stony Brook
Mary Aufrecht, Esq.

Mary Aufrecht, Esq.

Clair Gjertsen & Weathers PLLC

  • Appeared in thousands of court appearances all over the State of New York related to foreclosure
  • Member of the Westchester County Bar Association
  • Bar Admissions: New York, U.S. District Courts – Southern District of New York, Eastern District of New York
  • J.D. degree, Loyola University New Orleans College of Law; B.A. degree, Colgate University
Erin K. Flynn, Esq.

Erin K. Flynn, Esq.

Clair Gjertsen & Weathers PLLC

  • Partner, Clair Gjertsen & Weathers PLLC
  • Litigator who focuses on defending individuals in consumer debt actions including foreclosure defense, credit defense, and bankruptcy
  • Admitted to practice in New York and Connecticut along with the federal district courts for the Southern District of New York, Eastern District of New York, and Connecticut
  • Member of various associations and committees
  • J.D degree, American University, Washington College of Law

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