Berg & David PLLC has successfully represented hundreds of homeowners, borrowers, investors, lienholders as well as lenders in residential and commercial foreclosure proceedings. We have conducted numerous trials, hearings and appeals in foreclosure matters and have successfully sued lenders to have our clients mortgages discharged as a result of the passage of the statute of limitations. Berg & David PLLC has also successfully settled foreclosure actions by way of modifications, short sales and short payoffs. Please click here to read some of our recent Appellate Decisions.

We have successfully defended foreclosure cases on some of the following grounds:

• Statute of Limitations
• Failure for the plaintiff to properly accelerate the loan
• Lack of standing of the plaintiff
• Failure of the plaintiff to properly serve RPAPL § 1302, 1303 1304 and 1306 notices
• Failure of the bank to serve notices required by the mortgage
• Failure to add a necessary party to the action
• Plaintiff abandoned the action pursuant to CPLR § 3215
• Plaintiff could not prove there was a default by the borrower