New York Grants Right to Claim Attorney Fees to Prevailing Homeowners in Foreclosures
This Bill will “allow
borrowers in a foreclosure proceeding access to legal representation by
providing that mortgage agreements which allow a prevailing lender to recover
attorneys fees in a foreclosure proceeding shall be read to allow prevailing
borrowers to recover attorneys fees as well, enabling borrowers with
meritorious defenses to foreclosure to obtain the legal representation
necessary to assert those defenses, similar to the reciprocal attorneys fees rights
given tenants by Real Property Law Section 234.”


