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Kew Gardens, NY—Shiryak, Bowman, Anderson, Gill and Kadochnikov LLP (“SBAGK”), a national consumer litigation firm, announces the filing of a class action lawsuit against McCabe, Weisberg and Conway  (“McCabe”), Shellpoint Mortgage Servicing (“Shellpoint”) and The Bank of New York (“BNY”) (collectively referred to as “Defendants”) for violations of the Fair Debt Collections Practices Act and New York General Business Law.

New York Homeowners who have ever had a foreclosure action commenced against them that was time barred by the statute of limitations are encouraged to contact the firm. The statute of limitations for a mortgage in the state of New York is six years from the first missed payment, for each individual payment, and six years from the date of an initial foreclosure action that was since dismissed or discontinued, for the entire mortgage.

If you are a homeowner who had a foreclosure action or lawsuit
commenced against them that was time barred by the statute of limitations, contact us to participate in the law suit.

We also encourage you to contact SBAGK, 8002 Kew Gardens Road, Suite 600, Kew Gardens, NY 11415, at 718-263-6800, to discuss your rights free of charge. You can also reach us through the firm’s website at or by email at

The class, in this case, has not yet been certified, and until
certification occurs, you are not represented by an attorney. If you choose to take no action, you can remain an absent class member.

According to the Complaint, McCabe, Shellpoint, and BNY misrepresented the nature of debt owed on home loans by claiming that all amounts were owed on mortgages that were actually uncollectible due to the Statute of Limitations. Based on these facts, the Defendants may have been in violation of the Fair Debt Collections Practices Act and other related statutes, which state that “debt collectors” cannot misrepresent the character or the legal status of debt and cannot take any action with regard to the debt that is unlawful.

Contact us to recover your damages.

SBAGK represents homeowners and consumers on a wide variety of
cases, including class actions.

This press release may be considered Attorney Advertising in
some jurisdictions under the applicable law and rules of ethics.


Shiryak, Bowman, Anderson, Gill and Kadochnikov LLP
Mark Anderson, Esq.
Office: 718-263-6800