Continuing Update On Retroactive Application Of New York's Foreclosure Abuse Prevention Act

The U.S. Supreme Court on Oct. 6, 2025, denied a petition for certiorari in U.S. Bank Nat. Assn. v. Fox, No. 24-1178, 2025 WL 2823764, at *1 (U.S. Oct. 6, 2025), leaving in place a state court ruling based on the Foreclosure Abuse Prevention Act (FAPA). In doing so, the court effectively left the issue of whether FAPA can be applied retroactivity to two cases pending before the New York Court of Appeals and one before the U.S. Court of Appeals for the Second Circuit. (See Holland & Knight's previous alerts, "Federal Appeals Court: Can FAPA Be Applied Retroactively in New York?," Oct. 9, 2025, and " New York Court of Appeals to Determine Whether FAPA Can Be Applied Retroactively," May 23, 2025.) Oral arguments before the New York Court of Appeals on retroactive application of FAPA are scheduled for Oct. 16, 2025.