Foreclosure Litigation
& Title Litigation
Stopping foreclosure, saving homes, and resolving title issues in New York.
Lieb at Law litigates foreclosure and title disputes and teaches real estate brokers how to avoid these issues through continuing education.
Call for Foreclosure LitigationWhat We Handle
- • Residential and commercial foreclosure litigation
- • Lien priority disputes between lenders and creditors
- • Deceased borrower and estate liability issues
- • Ancient mortgages and missing discharges
- • Loan modifications and settlement negotiations
- • Quiet title and declaratory judgment actions
- • Foreclosure sale objections and surplus money disputes
Foreclosure Defense Lawyers for NY, NJ, and CT
If you are facing a foreclosure, have a dispute over lien priority, or discovered an ancient mortgage that was never discharged, you need a litigation law firm that works in this space every day. Lieb at Law represents homeowners, investors, estates, and businesses in foreclosure defense and title litigation throughout New York, New Jersey, and Connecticut.
Our attorneys are not only litigators. We also teach:
- Real estate continuing education (CE) to brokers and agents on foreclosure risks, lender claims, short sales, REO deals, and contract pitfalls.
- Continuing legal education (CLE) to attorneys on foreclosure procedure, title litigation, foreclosure abuse prevention, and lender liability claims.
Because we teach these topics, we stay on top of new laws, new defenses, and emerging strategies in foreclosure and title litigation. That knowledge comes into every case.
Foreclosure Litigation
We defend borrowers in residential and commercial foreclosure actions and also bring those actions for plaintiffs. Our work includes:
- Challenging standing, assignments, and chain of title
- Raising statute of limitations and foreclosure abuse defenses
- Asserting payment, accounting, and escrow violations
- Enforcing loan modification agreements and forbearance deals
- Seeking stays, vacating defaults, and contesting sales
We use court records, loan documents, and payment history to build evidence driven defenses.
Lien Priority
When multiple liens are recorded against a property, the order of priority decides who gets paid and who is wiped out in a foreclosure.
- Disputes between first and second mortgages
- Mechanics liens, tax liens, and judgment liens
- Subordination agreements and intercreditor agreements
- Priority fights after refinances or consolidations
Lieb at Law brings lien priority and declaratory judgment actions so that ownership and payoff rights are clear.
Deceased Borrower & Estate Liability
When a borrower dies, foreclosure and title issues often collide with estate and probate law.
- Foreclosure against estates and heirs
- Authority of executors, administrators, and successors
- Disputes over who owns the property after death
- Coordinating foreclosure defense with estate litigation
We advise families, fiduciaries, and investors about options to resolve the debt, sell the property, or fight the foreclosure.
Ancient Mortgages & Missing Discharges
Old mortgages that were paid off but never properly discharged can block sales, refinances, and estate transfers.
- Ancient mortgage statutes and limitations defenses
- Actions to compel discharge or quiet title
- Locating successor lenders or servicers
- Negotiating resolutions when documentation is missing
Lieb at Law brings title focused lawsuits to clear old liens so that your deal can close.
We Do The Cases And We Teach The Law
Lieb at Law is the sister company of Lieb School, a licensed real estate school. Our attorneys teach real estate brokers how foreclosure, short sales, and distressed property issues really unfold in practice.
Take our Foreclosure and Short Sales CE class:
Foreclosure & Short Sales CE ClassForeclosure Defense & Title Litigation FAQs
General information only. This is not legal advice for your specific case. Laws differ in New York, New Jersey, and Connecticut, and there are strict deadlines in foreclosure.
Can the bank take my house if I miss mortgage payments
Yes. When a homeowner falls behind on payments, the bank can start a foreclosure lawsuit to recover the debt. You still have rights and defenses, but ignoring notices or deadlines increases the risk of losing your home.
Lieb at Law helps homeowners respond to foreclosure actions, challenge lender claims, negotiate with the bank, and develop a strategy to keep or exit the home on the best possible terms in New York, New Jersey, and Connecticut.
Should I continue making mortgage payments after foreclosure begins
Not always. In some cases, saving funds instead of paying monthly can give leverage for a loan modification or reinstatement offer. In others, stopping payment can increase risk.
It depends on the stage of the foreclosure, the law in your state, and your financial goals. Lieb at Law can advise whether paying or pausing is the better strategy for your situation and help you negotiate with the lender to pursue the best outcome.
Does filing bankruptcy stop a foreclosure sale
Filing bankruptcy creates an automatic stay, which usually pauses a foreclosure, but it does not automatically eliminate it. The lender may be able to restart the case later, and different bankruptcy chapters have different effects on mortgage debt.
Lieb at Law can help you understand whether bankruptcy is a smart option in your situation or if other foreclosure defenses or negotiations are better for your case. Evidence about your income, debts, and goals is critical for making that decision.
Can I still negotiate with the bank after a foreclosure lawsuit starts
Yes. Homeowners can often seek a loan modification, reinstatement, forbearance, or a short sale even after foreclosure begins. Many assume it is too late, but negotiations frequently happen mid case.
Lieb at Law negotiates directly with lenders, prepares legal responses, and works to secure solutions that keep clients in their homes or help them exit without unnecessary loss. We use documents, payment history, and hardship evidence to support these requests.
Will I still owe money after foreclosure if the sale price is lower than what I owe
Possibly. If the property sells for less than the mortgage balance, the lender may pursue a deficiency judgment for the remaining amount, depending on state law and the loan documents.
This can become a long term financial burden if not addressed. Lieb at Law can negotiate deficiency waivers or resolutions as part of a foreclosure defense or settlement strategy to help protect you from future debt.
What are the risks if I represent myself in a foreclosure case
Foreclosure is a lawsuit with strict rules, deadlines, and procedural requirements. Missing one filing or failing to raise defenses correctly can lead to a default judgment, allowing the bank to win and schedule a sale of your home.
Pro se homeowners often lose because they do not know the legal process or how to present evidence. Lieb at Law represents homeowners in foreclosure defense, protects deadlines, raises legal defenses, negotiates with lenders, and fights to preserve your rights.
Why choose Lieb at Law for foreclosure and title litigation
Foreclosure and title litigation is a core part of our real estate and commercial practice in New York, New Jersey, and Connecticut. We handle foreclosure defense, lien priority disputes, deceased borrower and estate issues, and ancient mortgage problems.
Lieb at Law also teaches real estate brokers through Lieb School on foreclosure and short sales, so our team stays current on new regulations and litigation strategies. We use that knowledge to build evidence driven plans that match your goals, whether that is saving the property, restructuring the debt, or exiting on the best available terms.
Contact Lieb at Law for a Foreclosure Consultation
Deadlines in foreclosure cases move fast. Title problems and ancient mortgages can block sales and refinances for years if they are not handled correctly. If you are facing a foreclosure, lien priority dispute, estate related mortgage issue, or an ancient mortgage on record, our team can help.
Lieb at Law represents homeowners, investors, and estates in foreclosure and title litigation in New York.
Request a Consultation