Jonathan S. Koren, P.C. is a New York foreclosure and debt law firm representing individuals and companies in foreclosure defense litigation, mortgage loan modifications, distressed real estate transactions, general debt negotiation, and debt litigation. The firm approaches each case with an innovative and customized solution which involves negotiation, litigation, or other legal options. We believe that most debt solutions do not require the exercise of a bankruptcy petition and can be resolved outside of court through direct negotiations with the creditor who are open to resolve the matter given the general insolvency of the debtor. Every client holds a unique situation that deserves the office's creative and tailored solution using the legal system to resolve clients' debt challenges.

Foreclosure and Debt Solutions

We concentrate in foreclosure solutions with customized, innovative arguments that we position into every legal paper, including pleadings, discovery, conferences, oppositions, motions, and cross-motions filed to protect our clients' homes. Responding to legal papers timely is important to avoid default and protect a homeowner's legal position. Even if a homeowner fails to answer the lawsuit, under the right circumstance we may be able to vacate this default with an reasonable excuse for the default and a meritorious defense.

Once a client is served with a foreclosure complaint, we respond by answer, counterclaims, and/or motions to dismiss, all in accordance with our clients' specific situation. We attend all court conferences including settlement conferences, status conferences, and more recently Covid Hardship conferences to defend our client's legal rights. During the conferences we pursue settlement and modification resolutions. We proactively defend the lawsuit by filing comprehensive and thoroughly researched oppositions and cross-motions to the following banks' motions: motion to appoint a referee, motion for summary judgment, motion for judgment of foreclosure and sale. We also preemptively file our own motions for our clients including: motions to reargue, renew, vacate a default, to dismiss the lawsuit, and/or seeking judicial intervention, certain reliefs and sanctions for Plaintiff's exhibited bad faith during negotiations (see CPLR 3408[f]). We can also initiate our own actions or motions for quiet title, to vacate a judgment, order, or a mortgage lien. Emergency motions known as orders to show cause can stop foreclosure sales, vacate wrongful judgement/orders, or potentially dismiss foreclosure actions, based on defects with banks' standing, chain of title, jurisdiction, failure to properly serve a 90-day notice, statute of limitations, failure to possess loan documents, and other meritorious defenses including predatory lending, fraud and misrepresentation. To the extent any Court decision can be disputed, we can move to reargue, renew or vacate the prior Court's decision/order or engage in an appeal of the decision to the Appellate Division where the conclusions of law of the lower court will be reviewed by the appellate court.

We specialize in litigating foreclosure matters that most law firms are not well versed in: those matters that have complex fact patterns, challenging legal issues, and convoluted case histories. We pride ourselves in taking on, turning around, and resolving litigation matters that have previously had long delays, setbacks, and circular patterns by introducing an innovative and creative approach that looks for legal holes in the banks' documentation and case histories to assert strong, unique legal arguments for our clients. Foreclosure defense by our attorneys gains time and leverage for homeowners seeking modifications and other mortgage solutions. We are unique in not just engaging in complex and nuanced foreclosure defense but also in potentially introducing negotiation, modification and other resolution options during this time of litigation to help our clients keep their homes.

We resolve delinquent mortgages by reducing, extending, or restructuring mortgage terms to affordable payments for our clients. Mortgage modifications are negotiated resolutions to assist a borrower to avoid foreclosure or imminent delinquency through specific retention options. A borrower can be current but imminently about to fall behind, in significant delinquency, or in foreclosure proceedings.

While modifications and other negotiated resolutions are within the lender's discretion, and while lenders can make these negotiations difficult and overly complicated, our modification attorneys and staff have successfully obtained helpful modifications for a high percentage of our New York clients. Based on our experience, innovative approach, and reputation, we resolve these modification hurdles, and our experienced staff takes on the most challenging cases.