On March 13, New York State introduced proposed legislation titled the Fostering Affordability and Integrity Through Reasonable Business Practices Act (FAIR Act). The proposed legislation seeks to broaden the scope of...more
6/17/2025
/ Abusive Acts ,
Affirmative Defenses ,
Article III ,
Debt Collection ,
Financial Services Industry ,
General-Business ,
Lenders ,
Mortgages ,
New York ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Standing ,
Student Loans ,
Unfair or Deceptive Trade Practices
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
While New York courts continue to hear cases involving defaulted loan obligations stemming from the 2008 financial crisis, on January 5, 2021, the New York Court of Appeals heard arguments on four related cases involving New...more
As we get further away from the financial crisis of 2008, the statute of limitations has become a much more asserted and examined defense in mortgage foreclosure actions.
Last week, New York’s Appellate Division, Second...more