Jonathan David Warner

Jonathan D. Warner is the co-founder and managing partner at Warner & Warner, PLLC in Albany New York. Jonathan focuses his practice in the areas of Consumer Bankruptcy Law, Foreclosure Defense Law, Consumers’ Rights Law, and Mortgage Modification assistance. Prior to attending law school, Jonathan graduated magna cum laude and Phi Beta Kappa from SUNY Albany in 2007. Thereafter, Jonathan graduated from the Michigan State University College of Law in 2011. During law school, Jonathan participated in the Jessup International Moot Court Team, served as an elected student leader in two student organizations, and worked as the Senior Research Assistant at his law school’s Low Income Taxpayer Clinic. Additionally, Jonathan also had the privilege of serving as a summer judicial intern with the U.S. District Court and U.S. Bankruptcy Court for the Northern District of New York, where he clerked for Hon. Lawrence E. Kahn and thereafter for Hon. Robert E. Littlefield, Jr., respectively. Jonathan is passionate about providing pro bono services to members of the Capital Region community. In recognition of his pro bono efforts, Jonathan was awarded the 2014 Kurt Clobridge Memorial Award for Pro Bono Service by The Legal Project. Jonathan was also awarded the 2013 and 2014 Top Contributor Award from Avvo.com. In his spare time, Jonathan enjoys spending time with his wife, Meg, and their two spoiled cats, Master and Margarita. When he isn’t at work, Jonathan enjoys reading, hiking, and riding his motorcycle.

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New York

Since 2013

U.S. District Court, Eastern District of New York

Since 2014

U.S. District Court, Northern District of New York

Since 2013

U.S. District Court, Southern District of New York

Since 2014

U.S. Tax Court

Since 2013

Summer Judicial Clerk

U.S. Bankruptcy Court, Northern District of New York

2010 - 2010

Summer Judicial Clerk

U.S. District Court, Northern District of New York

2009 - 2009

Michigan State University

J.D. (2011) | Tax Law

2008 - 2011

State University of New York - Albany

B.A. (2007) | Sociology and Economics

2003 - 2007

Honors: Phi Beta Kappa Golden Key Society

Honor Roll

U.S. Bankruptcy Court, Northern District of New York

2018

Top 40 Bankruptcy Lawyers Under 40

American Society of Legal Advocates

2017

Honor Roll

U.S. Bankruptcy Court, Northern District of New York

2017

Honor Roll

U.S. Bankruptcy Court, Northern District of New York

2015

Kurt Clobridge Pro Bono Service Award

The Legal Project

2014

Albany County Bar Association

Member

2014 - Current

Capital Region Bankruptcy Bar Association

Member

2013 - Current

New York State Bar Association

Member

2013 - Current

The Changing Landscape of Auto Assets in Bankruptcy, Teleconference

May 1, 2015

Q. Seeking attorney to sue PNC Bank for emotional distress in foreclosure case

May 21, 2025

A: Unless the Bank commenced a foreclosure against you wrongfully (i.e. you were not late with your payments), you likely have no case for negligent or intentional infliction of emotional distress against your lender.

Accordingly, if the Bank commenced a foreclosure action when your payments were current, you should share this information with the Court.

Sadly, litigation often involves onset of emotional distress on both sides. It's an unfortunate fact.

The best way to resolve foreclosure actions is to engage the assistance of an attorney. Consider looking into doing so.

Q. Typical waiting period for home loan after Chapter 7 dismissal in NY?

March 9, 2025

A: 2 years for an FHA-backed mortgage loan

Q. Does a motion to show cause in a NY foreclosure case go to the current judge or a different one?

March 8, 2025

A: Under the circumstances, you really should be hiring an attorney to represent and counsel you regarding legal strategy.

First, the legal process you're referring to is called an "Order Show Cause," not a "Motion to Show Cause". If you file this legal process as a Motion, the Court might not know what you're trying to accomplish. And yeah, it's filed before the currently presiding judge.

Second, this strategy is extraordinarily unlikely to be successful. Unless the specific issues you're bringing up could not possibly have been discovered [on or about] when the case was first commenced, the Court will not give you a second chance to make these arguments. That's not how litigation works.

Third, there's rarely such a thing as a free house in foreclosure. If you signed a loan and got a financed house in return - or if someone who owns/owned the house with you did so lawfully - then there aren't many fact patterns that would exonerate you from your (or their) responsibility to satisfy the mortgage prior to owning the house free and clear.

If you're looking to keep your house by paying what you owe towards the mortgage, you'd do better to file for Chapter 13 Bankruptcy - through a knowledgeable attorney, not on your own - and seek a loan modification. Any other strategy will, at best, avail you of a temporary stop-gap that will not actually fix the problem.

My advice is to hire an attorney. Good luck with your case! ... Read More