Joshua B. Sears
The way you see people is the way you treat them, and the way you treat them is what they become.
- Creditors Rights
- State of New York, 2006
- State of New Jersey, 1999
- Commonwealth of Pennsylvania, 1999
- United States District Court for the District of New Jersey, 1999
- J.D., Thomas M. Cooley Law School, 1998
- B.A., History, University of Pittsburgh, 1994
Josh Sears practices with the Creditors Rights Litigation Group and specializes in contested matters at all stages of the New York foreclosure process. Josh’s work includes an array of high volume motion practice, trials, and court appearances in foreclosing residential mortgages
Josh’s skills were honed in the flames of the 2007-2010 mortgage meltdown when high volume creditors rights practice exploded to meet the needs of the industry. He spent a decade in the NJ contested foreclosure department defending foreclosures from every possible attack allowed by law. Through his legal writing and oral arguments, Josh developed an expertise in obtaining summary judgments and defending defaults, judgments, and sheriff sales. He has appeared in every County in New Jersey. Josh has prosecuted non-judicial FHA foreclosures and evictions, and successfully defended appeals of foreclosure judgments and orders. Ultimately, Josh is a results oriented attorney who fixes problems and erases issues for his clients.
In 2017, Josh pivoted to the State of New York where he has worked exclusively ever since. He is responsible for trying cases, writing specialized affidavits, motions for affirmative relief, replies, and opposing briefs. Josh makes appearances at status, compliance, settlement, and pre-trial conferences. He emphasizes meeting deadlines under abbreviated time frames while simultaneously taking the time to apply a measured, deliberative legal analysis to each case.
Josh is a career member of the contested foreclosure department at Fein Such. His favorite part of practicing law is being part of a team. He draws on the expertise of his colleagues every day. He believes the technicalities of the Rules and Statutes of New York require nothing less. From experience comes intuition and instinct. Josh’s goal is to always provide the client with the benefit of his experience, knowledge, and reputation- at all stages of the adversarial process.
- Deutsche Bank National Trust Co. v. Hochmeyer, 2017 N.J. Super. Unpub. LEXIS 102 (Ch. Div. Jan. 18, 2017) Lender filing a foreclosure complaint in New Jersey does not trigger the statute of limitations. An in-depth analysis of this case was featured on front page of the New Jersey Law Journal on 2/20/17.
- In 2013, on Motion, restored a Mortgage to the land title record nunc pro tunc which had been erroneously discharged 7 years prior in Camden County, NJ.
- In 2019 restored a foreclosure action adminstratively dismissed for 5 years and was granted summary judgment in same application in Nassau County, NY.