Fadullon Dizon Krul LLP Fadullon Dizon Krul, LLP 2026-06-02T11:33:43Z https://www.fdk-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1104097/2023/03/cropped-site-icon-1-32x32.png On Behalf of Fadullon Dizon Krul LLP <![CDATA[Essential NY Residential Foreclosure Defense Guide]]> https://www.fdk-law.com/?p=255296 2026-04-21T16:05:31Z 2026-04-21T15:56:00Z Understanding the foreclosure process in New York New York uses a judicial foreclosure process. That means that your lender cannot take your home without first going through the court system. Once a case is filed, you have the right to be notified, to respond and to take part in the process instead of being left out of it. The court also requires both sides to meet and discuss possible ways to resolve the situation, which can open the door to alternative solutions. What this really means for you is that foreclosure in New York is not automatic, and you are not without a say in how things move forward.

Important foreclosure timelines and deadlines

In New York, you usually have 20 to 30 days to respond after being served with foreclosure papers. Missing that window can limit your ability to fight the case. New York also requires a settlement conference within about 60 days of filing, which gives you an early opportunity to explore alternatives before the case starts.

New York's residential property foreclosure process

Foreclosure does not happen all at once; it unfolds in stages.
  • You fall behind on mortgage payments, which can trigger default notices from your lender
  • The lender files a foreclosure lawsuit and serves you with legal papers
  • You respond to the complaint or risk a default judgment
  • The court schedules a mandatory settlement conference to discuss resolution options
  • If no agreement is reached, the case proceeds through motions or trial
  • The court issues a judgment of foreclosure and sale if the lender prevails
  • Your property is scheduled for a public auction
  • Ownership transfers after the sale, subject to court approval and final steps
Where you are in this process directly affects what you can still do about it.

Strategies to avoid NY residential foreclosure

There is no single solution, but these are the strategies that tend to make a difference when you're fighting against a residential property foreclosure:
  • Loan modification options: You may be able to change your loan terms by lowering your interest rate, extending the timeline or rolling missed payments into the balance so your monthly payment feels more manageable.
  • Refinancing opportunities: If you still qualify, refinancing can replace your current mortgage with a new one that offers better terms, although this becomes harder once you fall behind
  • Short sale considerations: You can sell your home for less than what you owe with lender approval, which can help you avoid foreclosure while settling part or all of the debt.
  • Government assistance programs available in New York: State and federal programs may offer temporary relief, payment assistance or structured plans designed to help you stay in your home or exit more smoothly.
Not every option will fit your situation, but timing often determines which foreclosure defenses stay available. Communication with a New York foreclosure defense attorney is crucial at this stage.

Legal impact of residential property foreclosure

Once foreclosure is on the table, these are the legal and financial impacts that follow:
  • Credit score and financial future: Foreclosure can significantly lower your credit score and stay on your report for years, which affects your ability to borrow or secure housing.
  • Property ownership: Once the court allows the sale to move forward and the property is sold, you lose your rights to the home and will need to prepare to move out.

When the situation starts to feel urgent

Residential property foreclosure rarely happens overnight, but it can still feel that way once the process begins and each notice starts to carry more weight than the last. If you are already in the middle of it or think you may be heading there, taking action early gives you more room to work with. Speaking with a New York foreclosure defense lawyer can help you understand what applies to your situation and what steps may still be available before the process moves any further.]]> On Behalf of Fadullon Dizon Krul LLP <![CDATA[An Essential Guide to New York Breach of Contract Lawsuits]]> https://www.fdk-law.com/?p=255290 2026-06-02T11:33:43Z 2026-01-30T05:08:38Z Business leaders in New York who sign contracts expect predictable access to service and/or the cost-controlled delivery of critical supplies. If a breach of contract occurs, the failure or misconduct of one party can have major implications for a business’s finances and operations.  A lawsuit can help resolve a breach of contract and minimize the harm that contract issues cause. However, navigating the civil courts in response to contract issues can feel overwhelming for those also trying to manage businesses. What do those litigating breach of contract matters need to address? 

Determine who is at fault and if they are liable for the breach

The specific language used in a contract provides the basis for a breach of contract lawsuit. Those who allege that a breach occurred may need to review the situation with a New York breach of contract lawyer.  They first need to validate the terms of the contract and any evidence showing that a breach occurred. They may then need to determine whether state laws limit the liability of the other party if they take the matter to court. 

Determine the type of contract breach was committed

There are several different types of breaches of contracts. The most common include: 
  • Material breaches: receiving goods or services that do not conform to contractual standards  
  • Minor breaches: delays in contract fulfillment and other minimal issues
  • Anticipatory breaches: parties know in advance that a breach is about to occur
  • Actual breaches:  a refusal to fulfill contract requirements
The right legal response may depend in no small part on the nature of the breach. 

Determine the remedies to pursue against a New York breach of contract

The courts can offer multiple remedies for contract violations. The most common remedies to New York breach of contract include:
  • Compensatory damages:  financial relief for provable losses
  • Specific performance: enforcement of contract terms
  • Rescission:  termination of future contract obligations
  • Restitution: compensation for the financial impact of the breach
One or more of these remedies can help limit the lasting impact the contract issue generates.

What is the process for resolving a New York breach of contract?

Typically, those taking legal action over a breach of contract begin the process by notifying the other party formally of the breach. If the response does not resolve the matter, then initiating a breach of contract lawsuit is likely necessary.  Responding appropriately to contract violations can minimize the harm that contract violations might otherwise cause. With the support of a New York breach of contract lawyer, those affected by contract violations can assert themselves thoughtfully and more effectively protect their finances.   ]]>