Mortgage Attorney in Coney Island, NY

Stop Foreclosure and Keep Your Coney Island Home

Chapter 13 bankruptcy halts foreclosure immediately through automatic stay, giving you up to five years to catch up on payments while protecting your home.

Hear from Our Customers

Foreclosure Defense in Coney Island

What Happens When Foreclosure Actually Stops

The moment you file Chapter 13 bankruptcy, the automatic stay goes into effect. Your lender must immediately halt all collection activities, including foreclosure sales, wage garnishments, and harassing phone calls. The sheriff’s sale that was scheduled for next week gets canceled.

You get breathing room. Real breathing room—not just another 30-day extension that kicks the problem down the road.

From there, you work within a court-approved repayment plan that spreads your missed mortgage payments over three to five years. Your regular monthly mortgage payment resumes, and you add a manageable amount each month to catch up on what you’re behind. The plan also addresses credit cards, medical bills, and personal loans that have been draining money you need for your mortgage. Many Coney Island homeowners discover they can actually afford their mortgage once other debt pressures lift.

The process isn’t instant, but the protection is. And throughout the entire case, you stay in your home unless a court specifically orders otherwise—which is rare when you’re actively working through a legitimate repayment plan.

Coney Island Mortgage Foreclosure Lawyer

Three Decades Defending Brooklyn Homeowners

We’ve been handling foreclosure defense and bankruptcy cases in Brooklyn since 1993. We know the Southern District bankruptcy court, the local trustees, and exactly how to navigate New York’s judicial foreclosure process.

Coney Island’s poverty rate sits at 27%—higher than the city average—which means many families here face financial pressure that makes falling behind on a mortgage more likely. We’ve worked with hundreds of Brooklyn homeowners in similar situations, and we understand the specific challenges this community faces.

Our Brooklyn office is located at an accessible location with flexible appointment times, because we know getting to Manhattan during business hours isn’t always realistic. You meet directly with an experienced attorney from the first consultation through case resolution—not an intake coordinator or paralegal screening calls.

Mortgage Modification Attorney Process

Here's What Actually Happens in Your Case

You start with a free consultation where we review your mortgage situation, income, debts, and timeline. If foreclosure papers have already been filed, we look at exactly where you are in the process and what deadlines you’re facing. This conversation is confidential, and there’s no pressure to hire us on the spot.

If Chapter 13 bankruptcy makes sense for your situation, we prepare and file your petition. The automatic stay takes effect immediately—that same day—and your lender must stop all foreclosure proceedings. We notify your lender, the court, and any other creditors involved.

Next, we work with you to create a repayment plan that the bankruptcy court will approve. This plan outlines how much you’ll pay each month to catch up on your missed mortgage payments over three to five years, while also addressing other debts. The trustee reviews the plan, and once the court approves it, you begin making monthly payments.

Throughout the process, we handle communication with your lender, respond to any objections, and make sure you understand what’s happening at each stage. If your lender tries to continue collection efforts despite the automatic stay, we shut that down immediately.

Attorney fees for Chapter 13 cases are typically built into your court-approved repayment plan, which means zero out-of-pocket cost to start. For loan modifications or foreclosure defense litigation, we use flat-fee pricing with flexible payment plans. Every cost is disclosed in writing before you sign anything.

Ready to get started?

Explore More Services

About Long Island Bankruptcy & Foreclosure | Law Firm

Get a Free Consultation

Loan Modification Lawyer in Coney Island

Multiple Legal Strategies Beyond Just Bankruptcy

Chapter 13 bankruptcy is one tool, but it’s not the only option. Loan modifications can permanently restructure your mortgage with lower interest rates, extended repayment terms, or principal forbearance. We’ve successfully negotiated modifications that reduced interest rates to 3.25% and deferred over $130,000 in principal for Brooklyn clients.

Foreclosure defense litigation challenges your lender’s legal right to foreclose. If your lender didn’t follow proper procedures, lacks clear title documentation, or engaged in predatory lending practices, we can fight the foreclosure in court. New York requires every foreclosure to go through the judicial system, which means your lender can’t simply take your home without a court order.

Before any lawsuit begins, your lender must send you a 90-day pre-foreclosure notice. After that, they file a lis pendens, summons, and complaint. You have 20 to 30 days to respond depending on how you’re served. This timeline works in your favor if you act quickly.

The strongest approach often combines multiple strategies. Chapter 13 stops the foreclosure immediately while we negotiate a loan modification in the background. If the modification comes through with terms that work, you can dismiss the bankruptcy case. If it doesn’t, you’re already protected under the Chapter 13 plan.

In 2024, foreclosures hit 174,100 nationwide—the highest since 2019. Through the first three quarters of 2025, foreclosures reached 169,220, nearly matching the entire previous year with one quarter still remaining. The trend is accelerating, and lenders are moving faster than they did during the pandemic forbearance period.

How quickly can a mortgage attorney stop foreclosure in Coney Island?

If you file Chapter 13 bankruptcy, the automatic stay stops foreclosure the same day you file. We submit the petition to the bankruptcy court, and the stay goes into effect immediately—even if it’s hours before a scheduled sheriff’s sale.

The automatic stay is a federal court order that prohibits your lender from continuing any collection activity, including foreclosure proceedings, wage garnishments, bank levies, or lawsuit judgments. Your lender must comply immediately or face contempt of court charges.

This protection lasts throughout your Chapter 13 case, which typically runs three to five years depending on your income and repayment plan. As long as you make your plan payments on time and keep up with your ongoing mortgage payments, the stay remains in effect and your home stays protected.

What's the difference between a mortgage modification and Chapter 13 bankruptcy?

A loan modification permanently changes the terms of your mortgage. Your lender might reduce your interest rate, extend your repayment period from 30 years to 40 years, or defer a portion of your principal to the end of the loan. The goal is to make your monthly payment affordable based on your current income.

Chapter 13 bankruptcy doesn’t change your mortgage terms. Instead, it gives you three to five years to catch up on missed payments while making your regular monthly mortgage payment going forward. The amount you’re behind gets spread out over the life of your repayment plan in manageable monthly installments.

Modifications are within your lender’s discretion. They’re not required to approve one, and the process can take months of back-and-forth with no guarantee of success. Chapter 13 bankruptcy is a legal right. If you qualify based on income and debt limits, the court approves your repayment plan regardless of whether your lender agrees.

We often use both strategies together. File Chapter 13 to stop the foreclosure immediately, then negotiate a modification while you’re protected under the automatic stay. If the modification comes through, great. If it doesn’t, you’re already in a repayment plan that saves your home.

How much does a mortgage negotiation attorney cost in Brooklyn?

For Chapter 13 bankruptcy cases, attorney fees are typically built into your court-approved repayment plan. You pay little to nothing upfront, and the fees get spread out over three to five years as part of your monthly plan payment. The bankruptcy court sets reasonable fee limits, so you’re not getting overcharged.

For loan modifications or foreclosure defense litigation, we use flat-fee pricing rather than hourly billing. A loan modification case might run $2,500 to $5,000 depending on complexity. Foreclosure defense litigation can range from $3,000 to $7,500 if the case goes to trial.

We offer flexible payment plans for non-bankruptcy cases, and every cost is disclosed in a written fee agreement before you sign anything. No hidden charges, no surprise bills, no bait-and-switch tactics where the initial quote doubles halfway through your case.

The free consultation is genuinely free—not “credited toward your fee if you hire us.” You sit down with an experienced attorney, explain your situation, and get honest advice about your options. If we’re not the right fit or if you don’t need an attorney at all, we’ll tell you that too.

Can I stay in my home during the foreclosure process in New York?

Yes. New York is a judicial foreclosure state, which means your lender must go through the court system to take your home. You have the legal right to stay in your property throughout the entire process unless a court specifically orders otherwise.

The process starts when you receive a court summons and complaint outlining why your lender is seeking foreclosure. From that point, the case moves through multiple stages: your response, discovery, settlement conferences, summary judgment motions, and potentially a trial. This can take anywhere from six months to several years depending on court backlogs and how aggressively your lender pursues the case.

Even if the court eventually grants your lender a judgment of foreclosure and sale, you still have time before the sheriff’s sale actually happens. And if you file Chapter 13 bankruptcy at any point before the sale, the automatic stay stops everything immediately.

The timeline works in your favor if you use it strategically. Don’t ignore the summons hoping it goes away. Respond within 20 to 30 days, and talk to a mortgage foreclosure attorney in Coney Island who can evaluate your defenses and map out a plan that keeps you in your home as long as possible—or permanently if the situation allows.

What happens to my other debts if I file Chapter 13 to save my house?

Chapter 13 bankruptcy addresses all your debts, not just your mortgage. Credit card balances, medical bills, personal loans, and past-due utility bills get included in your repayment plan. Depending on your income and assets, you might pay back only a percentage of what you owe on unsecured debts—sometimes as little as 10% to 20%.

Priority debts like past-due child support, recent taxes, and your mortgage arrears must be paid in full through the plan. But non-priority unsecured debts often get significantly reduced, and whatever balance remains after you complete your three-to-five-year plan gets discharged entirely.

This is a huge advantage for Coney Island homeowners who fell behind on their mortgage because other debts were eating up too much of their income. Once you eliminate or reduce credit card payments, medical bills, and personal loans, you free up money to cover your mortgage payment comfortably.

Your repayment plan is based on your disposable income after accounting for necessary living expenses. The court doesn’t expect you to go without food, utilities, transportation, or medical care to pay your debts. The plan has to be realistic and sustainable, which is why we spend significant time building a budget that actually works for your situation.

Will bankruptcy ruin my credit forever if I use it to stop foreclosure?

No. Chapter 13 bankruptcy stays on your credit report for seven years from the filing date, but the impact decreases significantly over time. Most clients see measurable credit score improvement within 12 months of filing, and many get approved for credit cards, auto loans, and even mortgages within a few years of completing their plan.

Compare that to foreclosure, which also stays on your credit report for seven years but does more damage. A foreclosure tanks your credit score by 200 to 300 points and makes it nearly impossible to get approved for another mortgage for at least three to four years. Lenders view foreclosure as walking away from your obligation, while they view Chapter 13 as taking responsibility and repaying what you can.

Chapter 13 also stops the bleeding from other negative items. Once you file, creditors can’t report new late payments, charge-offs, or collection accounts. Your credit report stabilizes, and as you make consistent plan payments over three to five years, you’re rebuilding positive payment history.

The goal isn’t just ending the debt. It’s positioning you for what comes next. We can also provide credit repair guidance after your case resolves, because keeping your home is only part of the equation—you also need financial stability moving forward.

Local Resources

Coney Island, NY is located in Kings County in New York State

Useful Links

Here are some lawyer-related links:

Other Services we provide in Coney Island