Clair Gjertsen & Weathers PLLC

05/01/2025

Are you a Veteran? Are you facing foreclosure?
This morning it was announced that the Veteran Affairs Servicing Purchase Program (VASP) is being phased out as of May 1, 2025. Don't Despair!
Clair Gjertsen & Weathers PLLC can help!
We will guide you through the foreclosure process while educating you about your options and reducing your anxiety of the unknown.
Consultations are free.
Feel free to call us at 914-472-6202

The VA Servicing Purchase program has helped about 20,000 veterans avoid foreclosure. But Republicans in Congress have been critical of the program, saying it puts too much taxpayer money at risk.

05/07/2024

What is good cause eviction?
The highest court in New York State has described landlord-tenant law as "a patchwork," "a maze," and "an impenetrable thicket confusing not only to lay [people] but to lawyers." Clair Gjertsen & Weathers PLLC has a thorough understanding of this maze—and experience guiding clients through it—and are readily available to fulfill clients' needs.

New York recently passed legislation called the Good Cause Eviction Law. The Law dramatically changes the rights and obligations of both landlords and

07/10/2023

Foreclosure Abuse Prevention Act (FAPA) was sign by Governor Hochul effective December 30, 2022. Since then, the Courts have been split on whether this Act is retroactive. What does this mean for the borrower on a residential mortgage? It could mean that the bank cannot foreclosure based on the 6 year statute of limitations and the mortgage is canceled.
A recent article was posted discussing the New York Courts' split on the Constitutionality of FAPA by Goodwin on July 7, 2023.
https://lnkd.in/eS9NSjuc
.com

In the six months since New York’s governor signed the Foreclosure Abuse Prevention Act, L. 2022, ch. 821 (eff. Dec. 30, 2022) (FAPA), a split has...

03/16/2023

Did you know that some student loans are eligible for standard bankruptcy discharge? Although many student loans are subject to an “undue hardship” standard and require a separate proceeding to be discharged in bankruptcy, some private student loans can be discharged in a standard bankruptcy proceeding, just like most other unsecured consumer debts. For this subset of private student loans, a bankruptcy discharge order eliminates the consumer’s debt.
Some examples of student loans eligible for standard bankruptcy discharge include:
• Loans made to attend schools that are not eligible to receive U.S. Federal student aid, such as unaccredited schools and foreign schools (“non-Title IV schools”)
• Loans to students attending school less than half-time
• Loans made in amounts in excess of the cost of attendance, which are often disbursed directly to the borrower, instead of the school
• Loans made to cover fees and living expenses incurred while studying for the bar exam or other professional exams
• Loans made to cover fees, living expenses, and moving costs associated with medical or dental residency
• Other loans made for non-qualified higher education expenses
At Clair Gjertsen & Weathers PLLC, we listen to our clients and empower them with knowledge, compassion and creative solutions to relieve their financial anxiety and help them achieve their financial and personal goals.

01/21/2023

Foreclosure Abuse Prevention Act (FAPA) was signed into law by Governor Hochul on December 30, 2022. This law intends to eliminate abusive and unlawful litigation tactics in mortgage foreclosure actions that manipulate the law and the courts in favor of mortgage bankers and servicers. What does this mean for homeowners? This means that the banks will not be able to continually discontinue and recommence a cause of action concerning mortgage foreclosures without strict adherence to New York's six (6) years statute of limitations. Clair Gjertsen & Weathers PLLC is available to answer any questions or concerns regarding this recent development as we have decades of experience in defending foreclosures. We invite you to contact us at 914-472-6202 or through our website www.cgwesq.com

A copy of the bill is available here:
https://lnkd.in/etdKvvwV

Relates to the rights of parties involved in foreclosure actions; provides additional details regarding the commencement and termination of certain actions related to real property.

05/16/2022

https://www.consumerfinance.gov/about-us/newsroom/cfpb-releases-report-on-mortgage-servicing-metrics/

Today, the Consumer Financial Protection Bureau (CFPB) published a report examining mortgage servicers’ responses to the COVID-19 pandemic. The data, collected across 16 large servicers from May through December 2021, reveal homeowners continue to face significant risks and challenges connected to...

05/06/2022

The firm was proud to sponsor the Westchester County Bar Association’s 122nd Annual Banquet at Mulino's at Lake Isle.
Thank you to Hon. Edwina Richardson Mendelson for her enthusiastic Key Note Speech and swearing in of the Incoming President Dolores Gebhardt, and the newly-elected Officers and Directors. Also a tremendous appreciation to Hon. Letitia James, NYS Attorney General, for taking time out of her busy schedule to support the WCBA!

03/30/2022

https://www.housingwire.com/articles/ny-bill-would-change-statute-of-limitations-on-foreclosures/

The bill would retroactively apply to all mortgage foreclosures in which a final judgement of foreclosure and sale has not been enforced.

03/04/2022

Congratulations to Hon. Thomas R. Davis, Hon. James L. Hyer, Hon. Christie L. D’Alessio, and Hon. Thomas Quinones.

Wendy Marie Weathers, was humbly honored and privileged as the Immediate Past President of the Westchester County Bar Association to be invited to say a few words at the Ninth Judicial District Supreme Court Induction Ceremony along side her colleagues, Sharon Matthie, the Immediate Past President of the Westchester Black Bar Association, and Sherry Levin-Wallach, the President-elect of the New York Bar Association.

Thank you to our Administrative Judge for the 9th Judicial District, the Honorable Anne E. Minihan in organizing this event.

United States Supreme Court Justice, Oliver Wendell Holmes, Jr. stated, "The great thing in the world is not so much where we stand, as in what direction we are moving.” We are inspired and encouraged to appear before you and witness your administration of justice with the core principles of the judiciary in mind - independence, impartiality, integrity, fairness, equality, competence and diligence.

Congratulations!

02/21/2022

https://cgwesq.com/new-york-foreclosure-abuse-prevention-act/

The New York State Legislature is currently reviewing Bill S5473D that relates to the rights of parties involved in foreclosure actions and provides

01/21/2022

Foreclosure proceedings can now “resume in the normal course”

The hardship stays provided under New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA) officially ended on January

01/13/2022

Mortgage rates are going up. Is now the right time to buy a house?

Rates have now risen for three straight weeks, but still remain near historic lows. Higher borrowing costs, combined with record-high prices, could push some buyers out of the market.