Latest news with #PetroffAmshenLLP
Miami Herald
09-07-2025
- Business
- Miami Herald
Legal Dispute Arises Over Satisfied Mortgage in Queens Foreclosure Case
A New York foreclosure case involving a previously satisfied mortgage led to a key Appellate Division ruling. The court upheld the rights of a third-party property owner to intervene and rejected the bank's insufficient evidence. Petroff Amshen LLP, serving as Foreclosure Defense Attorneys, secured a critical procedural victory and defended the integrity of recorded satisfactions. NEW YORK CITY, NY / ACCESS Newswire / July 8, 2025 / Imagine transferring a property years after a mortgage is officially marked "satisfied"-only to be pulled back into court when a bank claims it was all a mistake. That's the legal trap a New York buyer faced in a recent foreclosure dispute, one where Petroff Amshen LLP stepped in to defend ownership, title integrity, and consumer protection. The Mortgage That Shouldn't Have Been There In 2003, a home equity line of credit was issued for a residential property in Queens Village. Over a decade later, the bank-the successor to the original lender-recorded a satisfaction of mortgage, formally signaling that the debt was resolved. But in 2016, the bank initiated a foreclosure action against the property, claiming that the satisfaction had been filed in error. By that point, the home had already been transferred to a third party who purchased it in good faith, relying on the public record. What The Court Actually Said In a recent decision from the Appellate Division, Second Judicial Department, the court addressed multiple core issues, ruling in favor of the current owner and affirming the legal boundaries banks must follow when disputing satisfied mortgages. The decision also underscores the role of experienced Foreclosure Defense Attorneys in protecting property owners when procedural errors or unsubstantiated claims threaten their legal rights. Key rulings included: The third-party buyer had the right to intervene in the foreclosure case as the current legal bank failed to submit sufficient admissible evidence to override the public court raised factual issues regarding residency status, leaving the door open for consumer protections under RPAPL bank could not establish standing to bypass standard foreclosure notice requirements. Why This Case Matters To Property Owners And Buyers If a mortgage can be "un-discharged" years after being marked satisfied, without concrete proof, any homeowner or property investor is at risk. The court's position highlights the importance of trusting recorded satisfactions and ensuring that banks meet their legal burden. "A satisfaction of mortgage is more than paperwork-it's the legal conclusion of a debt," said Steven Amshen, Founding Partner of Petroff Amshen LLP. "We fought to ensure that banks cannot undo their own filings just because they changed their minds years later." Petroff Amshen LLP: Defending The Finality Of Title Petroff Amshen LLP represented the third-party buyer in the appeal, challenging the foreclosure and preserving title rights that had been lawfully acquired. As Foreclosure Defense Attorneys, the firm emphasized: The legal presumption created by recorded mortgage satisfactionsThe lender's failure to present verifiable factsThe importance of statutory compliance in foreclosure proceedings The case affirms the right of consumers and buyers to rely on official public filings-and the power of legal intervention when those records are contested. Legal Closure Means Legal Peace This decision reinforces the role of Foreclosure Defense Attorneys not only in stopping sales, but in upholding ownership rights and legal certainty in cases involving administrative errors or record conflicts. Petroff Amshen LLP advises homeowners and buyers to seek legal counsel immediately if they receive notice of foreclosure involving a previously satisfied mortgage. Stay connected with Petroff Amshen LLP for legal alerts and victories: Instagram: @petroffamshen Facebook: Petroff Amshen LLP LinkedIn: Petroff Amshen LLP | New York SOURCE: Petroff Amshen LLP press release
Miami Herald
02-07-2025
- Business
- Miami Herald
What Does FAPA Stand For? Petroff Amshen LLP Explains the New York Foreclosure Abuse Prevention Act
For New York homeowners facing foreclosure, a powerful legal reform is shifting the balance. The Foreclosure Abuse Prevention Act ("FAPA"), signed into law in December 2022, has introduced substantial new protections that limit abusive litigation practices by lenders. But many consumers are still asking: What does FAPA stand for-and how does it work? NEW YORK CITY, NY / ACCESS Newswire / July 1, 2025 / Petroff Amshen LLP, a law firm focused on consumer protection and foreclosure defense, is shedding light on the scope and impact of FAPA in New York, and how it is already helping homeowners regain leverage in long-running foreclosure cases. What Does FAPA Stand For? FAPA stands for the Foreclosure Abuse Prevention Act-a state law designed to end lender tactics that exploit procedural loopholes to restart or extend foreclosure cases indefinitely. Before FAPA, banks and mortgage servicers could manipulate the timeline of a foreclosure by voluntarily pausing and re-filing cases, effectively resetting the statute of limitations. This left many homeowners in limbo, facing lawsuits years after they believed the matter was resolved or abandoned. Now, under FAPA New York, this kind of procedural abuse is no longer allowed. The law restores fairness and finality to the foreclosure process by: Clarifying how and when the six-year statute of limitations is triggeredPreventing lenders from revoking their decision to accelerate a mortgage simply to extend the time to sueLimiting the ability to refile foreclosure actions on the same defaultReversing and codifying prior decisions from the New York Court of Appeals into state law Why FAPA Matters for Homeowners The passage of FAPA has immediate implications for thousands of New York homeowners who are either in foreclosure or at risk. For many, the law may mean a foreclosure action is now time-barred, making it subject to dismissal under New York's six-year limit on mortgage enforcement. "FAPA was passed because the system was being abused-and homeowners were paying the price," said Steven Amshen, Founding Partner of Petroff Amshen LLP. "This law is about restoring balance and giving families a real defense against endless litigation." How Petroff Amshen LLP Uses FAPA to Defend Homeowners Petroff Amshen LLP has already leveraged FAPA in active foreclosure litigation, helping clients challenge cases that exceed the statute of limitations. Their approach includes: Reviewing the entire history of the foreclosure process to identify timeline violationsChallenging lenders' claims when deadlines have expiredFiling motions to dismiss cases under FAPA groundsPursuing broader legal relief where appropriate, including cancellation of mortgages through Article 15 actions The firm represents clients across New York who have been entangled in foreclosure actions for years-many of whom were previously told there was no legal path forward. Know Your Rights Under FAPA - New York If you're currently facing foreclosure or have been re-sued on a mortgage years after the first filing, you may have legal grounds for dismissal. FAPA in New York may apply even if previous cases were discontinued or dismissed. Petroff Amshen LLP urges homeowners to have their cases reviewed by attorneys who understand this law and its power to stop wrongful foreclosure actions. Stay Informed. Stay Protected. Stay Connected. Petroff Amshen LLP shares legal updates, court decisions, and consumer-focused resources to help New Yorkers protect their homes. With nearly two decades of experience in foreclosure defense, the firm continues to lead in applying new laws like FAPA for the benefit of everyday homeowners. Follow Petroff Amshen LLP for updates on FAPA and foreclosure defense: Instagram: @petroffamshen Facebook: Petroff Amshen LLP LinkedIn: Petroff Amshen LLP | New York Contact Information Gabriel Botero Media Relationsmedia@ 336-4200 SOURCE: Petroff Amshen LLP press release
Miami Herald
26-06-2025
- Business
- Miami Herald
What is the FCRA, and How Can It Help Remove Collection Accounts From Your Credit Report?
NEW YORK CITY, NY / ACCESS Newswire / June 26, 2025 / When inaccurate or outdated collection accounts show up on a credit report, the consequences can be immediate, from denied loans, increased interest rates, or even job application rejections. That's why understanding the Fair Credit Reporting Act ("FCRA") is crucial for anyone facing credit reporting issues. Petroff Amshen LLP, a New York-based consumer protection law firm, is raising awareness about the FCRA and how it can be used to remove damaging or incorrect information, or unfair collections. What Is the FCRA? (FCRA Meaning) The FCRA, or Fair Credit Reporting Act, is a federal law enacted by Congress in 1970 to promote accuracy, fairness, and privacy in the information maintained by consumer reporting agencies. In simple terms, the FCRA meaning is rooted in the idea that consumers have the right to know what's on their credit reports, and the right to challenge what doesn't belong there. This law regulates how credit bureaus collect and report data and gives consumers the ability to: Request copies of their credit reportsDispute incorrect or incomplete informationBe notified if their credit report has been used against themLimit how long negative items can remain on fileSeek damages for violations Using the FCRA to Remove Collections One of the most powerful tools within this law is the ability to use the FCRA to remove collections that are inaccurate, outdated, or unverified. This includes: Debts that don't belong to you (often due to identity theft or clerical errors)Duplicate entriesUnverified accounts reported without adequate documentationCollections older than 7 years When a consumer files a dispute, the credit reporting agency must investigate and respond within 30 days. If the furnisher of the information cannot verify the debt with supporting evidence, it must be removed. "The FCRA exists to protect consumers from being defined by credit data that is flat-out wrong," said Steven Amshen, Founding Partner of Petroff Amshen LLP. "If a creditor or collector can't prove the debt, they shouldn't be allowed to report it." Legal Support Can Make the Difference While consumers are legally required to file FCRA disputes themselves, many quickly run into roadblocks, including creditors that don't respond, agencies that close investigations without real inquiry, or accounts that reappear after deletion. That's where proper legal support becomes essential. Petroff Amshen LLP assists clients who have already taken that first step but haven't received meaningful results. The firm's team reviews the credit file, evaluates the prior dispute, and takes action when violations of the FCRA are evident - especially when creditors ignore documentation or credit bureaus fail to follow proper procedures. "When a valid dispute is ignored or mishandled, it's not just negligence; it's a violation of federal law," said Steven Amshen. "That's when we intervene to make sure consumer rights are enforced." Petroff Amshen LLP's FCRA Approach The firm's legal strategy is focused on results, not delays. By leveraging the FCRA, Petroff Amshen LLP helps clients: Identify all inaccurate or unverifiable items in their credit reportsSupport targeted disputes with proper documentationFile claims against credit bureaus or creditors when rights are violatedDemand monetary compensation and full deletion of harmful records when justified Petroff Amshen LLP doesn't offer generic credit repair. As a consumer protection law firm, its team approaches every case through the lens of litigation, not negotiation. Know Your Rights, Protect Your Credit If you've found collections that don't belong to you, errors that won't go away, or accounts reported without proof, it may be time to explore legal solutions under the FCRA. The law exists to protect, not just monitor, your credit history. Petroff Amshen LLP encourages consumers in New York and New Jersey to take action when collection accounts are misreported or mishandled. Every inaccurate record has the potential to affect housing, employment, and financial freedom. Stay Informed. Stay Protected. Stay Connected. Petroff Amshen LLP uses its social platforms to share legal updates, case victories, credit protection tips, and consumer rights resources in real time. Whether you're looking to understand your rights under the FCRA or want to connect directly with the firm, these channels are built to support and inform you. Follow Petroff Amshen LLP for practical legal insights and ongoing protection strategies: Instagram: @petroffamshenFacebook: Petroff Amshen LLPLinkedIn: Petroff Amshen LLP | New York SOURCE: Petroff Amshen LLP press release
Miami Herald
16-05-2025
- Business
- Miami Herald
Credit Card Identity Theft Tops National Fraud Reports: Petroff Amshen LLP Responds With Legal Advocacy
As credit card identity theft becomes the most reported type of fraud in the United States, New York residents are among the most affected. With thousands of new accounts opened fraudulently, Petroff Amshen LLP steps in to help victims take legal action and restore their credit. The firm emphasizes the importance of going beyond credit monitoring to reclaim financial control. NEW YORK CITY, NEW YORK / ACCESS Newswire / May 15, 2025 / According to the Federal Trade Commission, Credit card identity theft emerged as the most common type of fraud in the United States in 2024. With over 439,000 reported cases in a single year, Americans are facing an unprecedented wave of unauthorized credit activity. Petroff Amshen LLP, a New York-based consumer protection law firm, is responding with legal action and advocacy in support of victims of identity theft. The numbers show a consistent quarterly rise: 116,612 cases in Q3 marked the highest spike, followed closely by 112,465 in Q4. The bulk of the cases stem from credit card identity theft on new accounts-with 404,152 total cases-while theft involving existing accounts still accounted for more than 52,000. Together, they dominate the national identity theft landscape. These figures reflect more than just statistics-they tell the story of how personal data can be weaponized to create long-term financial harm. Victims are often unaware of the impact until it surfaces during an identity theft credit check, when new or unfamiliar credit accounts appear in their reports. At that point, it's often too late for simple fixes-legal intervention becomes necessary. New York Has Been Harshly Affected: Credit Card Fraud Leads Identity Theft Reports in the State In New York State alone, 26,736 cases of credit card identity theft were reported in 2024, with countless unreported cases. This makes credit card identity theft the most common form of identity theft statewide. It significantly outpaced other forms, such as loan or lease identity theft, which ranked third with 7,811 cases. Additionally, a combined category of identity theft involving online shopping, email, social media, and insurance fraud accounted for 15,965 reports, making it the second most prevalent type in New York. While not every category requires legal resolution, the overwhelming presence of credit-related fraud signals the need for strong legal advocacy in the state. Petroff Amshen LLP addresses these threats head-on by offering legal representation specifically tailored to victims of credit card identity theft. The firm assists clients in their dispute of fraudulent credit activity, communicates with creditors, and acts to remove unauthorized accounts from their credit history-steps that go beyond traditional credit repair. "When identity theft goes unchecked, the damage can linger for years-especially when it involves credit cards and loans fraudulently opened in your name. Our mission is to restore financial control through aggressive legal action," said Serge F. Petroff, Founding Partner of Petroff Amshen LLP. The team of attorneys at Petroff Amshen, LLP support clients from the initial credit check identity theft discovery to final legal resolution. By enforcing Federal and State consumer protection laws, the firm ensures that individuals affected by identity theft have a path forward to financial recovery. 5 Signs You May Be a Victim of Credit Card Identity Theft Petroff Amshen LLP encourages consumers to act immediately if they recognize any of these warning signs: New credit accounts appear on your credit report that you didn't openYour credit score drops unexpectedlyYou receive calls from debt collectors about unfamiliar charges or accountsYou receive letters or emails from banks you've never usedYou are denied credit based on accounts you don't recognize These signs often emerge during routine financial activity like loan applications, and they serve as an indication that a more serious issue may be unfolding. Legal support can make the difference between temporary damage and long-term financial instability. Legal Action That Delivers Results Petroff Amshen LLP is committed to defending the financial rights of everyday New Yorkers by raising awareness about legal options for victims of identity theft. With decades of experience in identity theft, foreclosure defense, and federal litigation, the firm promotes action through legal channels-not just credit monitoring-offering strategic and personalized representation. Find out more by following us: Instagram: @petroffamshenFacebook: Petroff Amshen Petroff Amshen LLP | New York SOURCE: Petroff Amshen LLP press release
Yahoo
15-05-2025
- Business
- Yahoo
Credit Card Identity Theft Tops National Fraud Reports: Petroff Amshen LLP Responds With Legal Advocacy
As credit card identity theft becomes the most reported type of fraud in the United States, New York residents are among the most affected. With thousands of new accounts opened fraudulently, Petroff Amshen LLP steps in to help victims take legal action and restore their credit. The firm emphasizes the importance of going beyond credit monitoring to reclaim financial control. NEW YORK CITY, NEW YORK / / May 15, 2025 / According to the Federal Trade Commission, Credit card identity theft emerged as the most common type of fraud in the United States in 2024. With over 439,000 reported cases in a single year, Americans are facing an unprecedented wave of unauthorized credit activity. Petroff Amshen LLP, a New York-based consumer protection law firm, is responding with legal action and advocacy in support of victims of identity theft. The numbers show a consistent quarterly rise: 116,612 cases in Q3 marked the highest spike, followed closely by 112,465 in Q4. The bulk of the cases stem from credit card identity theft on new accounts-with 404,152 total cases-while theft involving existing accounts still accounted for more than 52,000. Together, they dominate the national identity theft landscape. These figures reflect more than just statistics-they tell the story of how personal data can be weaponized to create long-term financial harm. Victims are often unaware of the impact until it surfaces during an identity theft credit check, when new or unfamiliar credit accounts appear in their reports. At that point, it's often too late for simple fixes-legal intervention becomes necessary. New York Has Been Harshly Affected: Credit Card Fraud Leads Identity Theft Reports in the State In New York State alone, 26,736 cases of credit card identity theft were reported in 2024, with countless unreported cases. This makes credit card identity theft the most common form of identity theft statewide. It significantly outpaced other forms, such as loan or lease identity theft, which ranked third with 7,811 cases. Additionally, a combined category of identity theft involving online shopping, email, social media, and insurance fraud accounted for 15,965 reports, making it the second most prevalent type in New York. While not every category requires legal resolution, the overwhelming presence of credit-related fraud signals the need for strong legal advocacy in the state. Petroff Amshen LLP addresses these threats head-on by offering legal representation specifically tailored to victims of credit card identity theft. The firm assists clients in their dispute of fraudulent credit activity, communicates with creditors, and acts to remove unauthorized accounts from their credit history-steps that go beyond traditional credit repair. "When identity theft goes unchecked, the damage can linger for years-especially when it involves credit cards and loans fraudulently opened in your name. Our mission is to restore financial control through aggressive legal action," said Serge F. Petroff, Founding Partner of Petroff Amshen LLP. The team of attorneys at Petroff Amshen, LLP support clients from the initial credit check identity theft discovery to final legal resolution. By enforcing Federal and State consumer protection laws, the firm ensures that individuals affected by identity theft have a path forward to financial recovery. 5 Signs You May Be a Victim of Credit Card Identity Theft Petroff Amshen LLP encourages consumers to act immediately if they recognize any of these warning signs: New credit accounts appear on your credit report that you didn't open Your credit score drops unexpectedly You receive calls from debt collectors about unfamiliar charges or accounts You receive letters or emails from banks you've never used You are denied credit based on accounts you don't recognize These signs often emerge during routine financial activity like loan applications, and they serve as an indication that a more serious issue may be unfolding. Legal support can make the difference between temporary damage and long-term financial instability. Legal Action That Delivers Results Petroff Amshen LLP is committed to defending the financial rights of everyday New Yorkers by raising awareness about legal options for victims of identity theft. With decades of experience in identity theft, foreclosure defense, and federal litigation, the firm promotes action through legal channels-not just credit monitoring-offering strategic and personalized representation. Find out more by following us: Instagram: @petroffamshenFacebook: Petroff Amshen Petroff Amshen LLP | New York Contact Information Gabriel BoteroMedia Relationsmedia@ 336-4200 SOURCE: Petroff Amshen LLP View the original press release on ACCESS Newswire Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
