Awaiting Appellate Precedent – Are New York Foreclosure Limits Constitutional?
Over a year after becoming law, New York’s Foreclosure Abuse Prevention Act, L. 2022, ch. 821 (eff. Dec. 30, 2022) (FAPA) continues to divide trial courts regarding the constitutionality of the law’s retroactive application. Appellate level guidance remains wanting.
FAPA amended certain New York rules related to the time limits for commencing mortgage foreclosures. Litigation subsequently arose as to whether the amendments applied prospectively, or instead reached back to alter the legal consequences of prior acts. In […]