Awaiting Appellate Precedent On Whether Recent New York Foreclosure Limits Are 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 a previous post, we summarized the judicial split that emerged in FAPA's first six months. At that time, about a dozen trial court decisions were divided as to whether FAPA applied retroactively. Since then, at least another two dozen trial level decisions have issued.