Representative matters

Selected outcomes from foreclosure, mortgage, and commercial litigation.

These examples illustrate the types of issues the firm has handled. Every matter depends on its own facts, evidence, procedure, and governing law.

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Foreclosure AppealSeptember 16, 2026

Wilmington Savings Fund Society, FSB v. Hilario, Appellate Division, Second Department, Appeal No. 2024-12423

Denial of the lender’s foreclosure summary judgment upheld on appeal.

Representing Rockland County homeowners, Charles A. Higgs successfully defended the denial of the lender’s requests for summary judgment, to strike the homeowners’ answers, and for an order of reference. The Second Department held that the lender failed to establish its right to enforce a lost home equity line of credit agreement, citing gaps in its proof of ownership, assignment authority, and the circumstances of the loss.

2026 Appellate WinSecond Department

Deutsche Bank Natl. Trust Co. v. Benson, 248 A.D.3d 1187 (2d Dep't 2026)

Orders granting foreclosure summary judgment and an order of reference reversed.

Representing the homeowner on appeal, Charles A. Higgs obtained reversal of two Westchester County orders. The Appellate Division held that contradictory affidavits concerning who mailed the RPAPL 1304 notices raised a triable issue of fact and that an attorney affirmation without personal knowledge did not resolve the discrepancy.

Read the published decision

$1M+

Mortgage discharged as time-barred

The firm represented a Kings County property owner in a quiet-title action. The court found a mortgage exceeding $1 million unenforceable and ordered it discharged, canceled, and stricken from the property records.

Dismissed

Foreclosure defeated on 90-day notice

A Westchester foreclosure was dismissed after the required pre-foreclosure notice failed to include the correct unit number for the property.

$440K

Mortgage reduction through litigation

A mortgage dispute produced a settlement reducing an approximately $890,000 mortgage balance to roughly $450,000.

Federal

Negligence claim permitted to proceed

In two written rulings, a federal court permitted a homeowner’s negligence theory against mortgage companies to proceed based on an alleged assumption of duty.

Dismissed

International contract action

The firm obtained dismissal on forum non conveniens grounds in a complex contract dispute arising from an agreement entered into in the United Arab Emirates.

Vacated

Commercial eviction warrants

The firm obtained vacatur of two eviction warrants and dismissal of the underlying commercial landlord-tenant proceedings for a Brooklyn nightclub.

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