Long Island Foreclosure Defense
Facing Foreclosure on Long Island?
The Proof Matters.
Foreclosure cases turn on what the lender can prove. We look for the defect generic foreclosure shops miss — RPAPL 1304 notice, mailing proof, standing, chain of title, service, and the referee’s records — for Nassau County and Suffolk County homeowners.
Serving Nassau County, Suffolk County & New York City
Where are you in the process?
- 1. Behind on payments / 90-day RPAPL 1304 notice received
- 2. Foreclosure lawsuit filed (summons & complaint)
- 3. Summary judgment / order of reference / referee report
- 4. Judgment of foreclosure and sale entered
- 5. Sale scheduled — time-sensitive
- 6. Post-sale eviction / warrant — urgent
Each stage has its own deadlines and its own potential defects. Tell us your stage and your next court date.
Our Approach
Foreclosure Defense Is Often Procedural
In New York, foreclosure is a court case, and the lender carries the burden of proof. To take a home, the bank has to establish that it followed the statute and that its paperwork holds up — the 90-day RPAPL 1304 notice and its mailing, standing to sue, the chain of title and possession of the note, proper service, and an accurate referee computation supported by admissible business records.
Those requirements are exactly where cases are won, delayed, settled, or reopened. A foreclosure lawyer on Long Island who reads the file the way an appellate lawyer reads a record looks for the proof defect that a high-volume foreclosure mill overlooks. That is the lane this firm works in.
Be careful about expectations. In rare cases, a proof defect can become case-dispositive. More often, it creates leverage to stop a sale, reopen litigation, negotiate, or force the lender to prove what the law requires. No honest lawyer guarantees a particular outcome, and this firm does not.
Founder’s note. Jason Tenenbaum’s practice is built on procedural proof — mailing, business records, standing, and appellate review. The same discipline that wins no-fault insurance cases on the lender’s failure of proof applies directly to foreclosure defense.
What We Look For
Where Foreclosure Cases Turn
RPAPL 1304 90-Day Notice
The lender must send the 90-day notice by certified and first-class mail, and must prove it. We review the bank’s proof of mailing, not just your copy of the notice. →
Standing & Chain of Title
Did the plaintiff hold the note when it sued? Assignments, note possession, and RPAPL 1302-a can decide who has the right to foreclose. →
Service & Default Judgment
Improper service of the summons and complaint, or a default taken without a proper basis, can be challenged — sometimes reopening a case thought to be over.
Referee Report & Business Records
The amount owed must rest on admissible business records with a proper foundation. Conclusory affidavits and unsupported computations are vulnerable to challenge.
Loan Modification & Settlement Conference
New York foreclosure cases include mandatory settlement conferences. Bad-faith handling of a modification, or timing around the statute of limitations, can matter. See our loan-modification warning →
Post-Sale Eviction & Emergency Stay
If a sale or eviction date is scheduled, an emergency order to show cause may — depending on facts and timing — be the next step. Emergency page →
What to Bring to a Foreclosure Consultation
The more of these you can gather, the faster we can assess your situation. Do not worry if you are missing some — bring what you have.
Talk to a Long Island Foreclosure Lawyer
Every deadline matters — call before a sale or eviction date passes. The initial consultation is free, and we will tell you honestly whether we can help.
Attorney advertising. This page is general information, not legal advice, and does not create an attorney-client relationship. A stay or any other result may be available depending on timing and facts; past results do not guarantee future outcomes.
Foreclosure Defense FAQ
Do I need a foreclosure lawyer on Long Island if I am behind on my mortgage?+
Talking to a foreclosure defense attorney early gives you the most options. New York foreclosure is a court process with strict procedural rules, and the lender must prove things like proper RPAPL 1304 notice, standing, and the amount owed. The earlier a lawyer reviews your file — ideally before the bank moves for judgment — the more time there is to identify defects, request a settlement conference, evaluate loan modification, or prepare to stop a sale. If you already have a sale or eviction date, call right away; deadlines control what is possible.
What is foreclosure defense, and how is it different from a foreclosure rescue service?+
Foreclosure defense is legal work performed by a licensed attorney inside the court case. It focuses on what the lender must prove — RPAPL 1304 notice and mailing, standing and chain of title, proper service, the referee’s computation, and business-record foundation — and on procedural options like settlement conferences, orders to show cause, and appeals. It is not a "foreclosure rescue" or equity-stripping product, and no honest lawyer guarantees a particular result. The goal is to make the lender prove its case and to use any defect, delay, or leverage to protect the homeowner’s position.
Can a foreclosure case be dismissed because of a defective RPAPL 1304 notice?+
Sometimes. New York requires the lender to send a 90-day pre-foreclosure notice under RPAPL 1304 by both certified mail and first-class mail, and strict compliance is a condition the lender must prove. Courts have dismissed foreclosure actions where the lender could not establish proper mailing. Whether a 1304 defect helps in your case depends on the specific proof the lender offers and the stage of the litigation. We review the bank’s proof of mailing, not just your copy of the notice.
Can I stop a foreclosure sale or an eviction after the sale?+
It may be possible to ask a court to stay a sale or a post-sale eviction through an order to show cause, depending on timing, the procedural history, and the facts. There is no guarantee a stay will be granted, and the closer the deadline, the harder it becomes. If a sale or eviction date is scheduled, call before the date passes so the options can be evaluated immediately.
What does it cost to defend a Long Island foreclosure case?+
Fees depend on the stage and scope of the work — an emergency order to show cause, full litigation defense, or an appeal are priced differently. We discuss fee structure during the consultation so you know what to expect before engaging the firm. The initial consultation to review your situation is free; call (516) 750-0595.
Which counties does the firm serve for foreclosure defense?+
The Law Office of Jason Tenenbaum, P.C. handles New York foreclosure matters across Long Island — Nassau County and Suffolk County — and the five boroughs of New York City. If you are unsure whether your case fits, call and we will tell you honestly whether we can help or refer you.
Procedural Proof — From Our Foreclosure Library
- RPAPL 1304 notice defense in NY foreclosure cases
- Foreclosure standing and chain-of-title defenses in NY
- A good third-party vendor can prove mailing (RPAPL 1304)
- Mailing, again — strict RPAPL 1304 mailing requirements
- Standing and RPAPL 1302-a in home-loan foreclosure
- Loan modification after the foreclosure statute of limitations