In a decisive ruling, the New York Appellate Court overturned a foreclosure judgment after finding legal errors and inadmissible evidence submitted by the lender. Petroff Amshen LLP exposed critical flaws, including unauthenticated records and testimony from individuals lacking firsthand knowledge. This victory protects the homeowner and reinforces the importance of due process-even in long-running foreclosure cases.

NEW YORK CITY, NEW YORK / ACCESS Newswire / May 27, 2025 / In a major appellate victory, Petroff Amshen LLP successfully reversed a judgment of foreclosure and sale entered against a New York homeowner, following a challenge to the evidentiary basis of the lender's claims. The Appellate Division, Second Department, ruled in favor of the firm's client, stopping the foreclosure and invalidating the lower court's judgment.

The foreclosure action had advanced through summary judgment and the appointment of a referee to calculate the amount allegedly owed. However, Petroff Amshen LLP identified critical procedural and evidentiary flaws that undermined the foundation of the foreclosure, ultimately convincing the appellate court that the case lacked the legal support necessary to proceed.

"This case is a clear example of how inadequate documentation and procedural shortcuts can lead to wrongful foreclosure attempts," said Steven Amshen, Managing Partner at Petroff Amshen LLP. "Our client deserved a fair and lawful process-and that's what we fought for and achieved."

Court Rejects Foreclosure After Record Lacks Legal Foundation
The Appellate Division determined that the report prepared by the appointed referee was not substantially supported by the record. The court found multiple deficiencies in the lender's evidentiary submissions, including:

• A statement submitted by someone who lacked direct knowledge of the loan history

• Failure to establish a valid foundation for admitting business records relied upon to calculate the alleged debt

• Use of payment history dating back to a period prior to the lender's involvement, with no proper documentation or explanation of the origin of those records

These failures significantly weakened the legal basis for the foreclosure judgment. The court responded by denying the lender's motion to confirm the referee's report and halting the foreclosure process in its tracks.

Beyond the Case: A Message on Due Process
This decision reflects a broader principle that Petroff Amshen LLP has long advocated: that foreclosure proceedings must meet strict evidentiary standards, regardless of how long a case has been pending. Even where a foreclosure appears procedurally advanced, it must still be grounded in admissible, properly authenticated evidence.

"Our work doesn't stop at defending against foreclosure-we hold lenders accountable to the law," added Amshen. "This decision reinforces that due process matters, even years after litigation has begun."

By taking the case to the appellate level, Petroff Amshen LLP secured not only a favorable outcome for its client but also reaffirmed the importance of procedural integrity in foreclosure litigation.

Legal Lessons for New York Homeowners
This ruling serves as a critical reminder for homeowners facing foreclosure:

1. A foreclosure judgment can be challenged-even after it's entered-if legal errors or evidentiary flaws are present.

2. Lenders must prove their case with valid, admissible records, not assumptions or inherited documents.

3. Referee reports are not beyond scrutiny-courts can and do reject them when they lack foundation.

If you're searching for a foreclosure defense attorney in New York, Petroff Amshen LLP offers legal strategies that go beyond paperwork-we fight for outcomes.

About Petroff Amshen LLP
Petroff Amshen LLP is a Brooklyn-based law firm with decades of experience representing homeowners and consumers across New York. The firm concentrates on foreclosure defense, credit damage litigation, and identity theft-related claims, offering strategic legal solutions for clients navigating complex financial disputes.

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Gabriel Botero
Media Relations
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(718) 336-4200

SOURCE: Petroff Amshen LLP