As a follow up to our May post, FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review, the New York Court of Appeals has finally agreed to consider New York’s Foreclosure Abuse Prevention...more
7/25/2025
/ Abusive Foreclosure Practices ,
Appeals ,
Borrowers ,
Constitutional Challenges ,
Consumer Financial Products ,
Financial Services Industry ,
Foreclosure ,
Judicial Authority ,
Legislative Agendas ,
Lenders ,
Mortgages ,
New York ,
Real Estate Transactions ,
Statute of Limitations
The legal and constitutional implications of New York’s Foreclosure Abuse Prevention Act (FAPA) are back in the spotlight as the U.S. Court of Appeals for the Second Circuit again turns to the New York Court of Appeals for...more
5/23/2025
/ Appeals ,
Borrowers ,
Constitutional Challenges ,
CPLR ,
Financial Abuse ,
Foreclosure ,
Judicial Authority ,
Lenders ,
Mortgages ,
New York ,
Regulatory Reform ,
Statutory Interpretation
Can the Foreclosure Abuse Prevention Act (FAPA) be applied retroactively? Unfortunately, mortgage noteholders lack a clear response....more
On February 14, 2023, the New York Court of Appeals overturned the Appellate Division, Second Department’s Kessler decision, which had applied a strict application of Real Property Actions and Proceedings Law § 1304, also...more
On December 30, 2022, New York Governor Kathy Hochul signed the Foreclosure Abuse Prevention Act (FAPA) into law. The legislation remained unchanged from its passing back in May 2022 despite many industry experts expecting...more