Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

November 20, 2024

Law360, "Foreclosing Lenders Still Floating in Murky Legal Waters in NY"

Brian Rich, partner, had his “Foreclosing Lenders Still Floating in Murky Legal Waters in NY” expert analysis article published by Law360. The article explores how mortgage foreclosures in New York remain mired in legal uncertainty, particularly around the statute of limitations following voluntary discontinuance of actions. The US Court of Appeals for the Second Circuit recently sought clarity from New York’s Court of Appeals on whether the 2022 Foreclosure Abuse and Prevention Act (FAPA), which tightens limitations on foreclosure cases, applies retroactively. However, the state court declined to decide, leaving open significant legal questions.

FAPA overturned prior case law, restricting lenders from resetting foreclosure timelines through voluntary discontinuances. Lower courts have issued conflicting rulings, with one appellate court finding FAPA retroactive. This creates high stakes for lenders and borrowers, as unresolved issues could render many loans unenforceable while granting borrowers title free of encumbrances.

The legal ambiguity impacts New York’s foreclosure market, discouraging lenders from discontinuing cases and raising constitutional and statutory interpretation concerns. The Second Circuit’s resolution is anticipated to provide much-needed clarity for navigating this volatile landscape.

Law360 subscribers can read the full article here.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

RAPID Action: NYS Office of Energy Renewable Energy Siting and Transmission Announces Draft Regulations for New Transmission Siting Framework

Alerts

NYSDEC Issues Draft Freshwater Wetlands General Permit

Alerts

USPTO Updates Audit Program

Alerts

NYS DOL Publishes Long-Awaited FAQs on Paid Prenatal Leave Law

Alerts

Update on Massachusetts Pay Transparency Law Disclosures and EEO Reporting Requirements in 2025

Alerts

Massachusetts Employers Required to Provide Job Applicants Notice That Use of a Lie Detector Test Is Unlawful

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out