No More Games: FAPA Stops Lenders from Resetting the Clock on Foreclosures
FAPA retroactively blocks lenders from exploiting statutes of limitations, ensuring homeowners are protected from endless foreclosure threats.
Maine Supreme Judicial Court Justice Catherine Connors and Wall St. Defender in Foreclosure Storm
Attorney Thomas Cox argued that the justice’s decision not to recuse herself from two cases involving Maine foreclosure law was unethical.
NY Supreme Court, Appellate Div’n, First Dept Rules FAPA is Both Constitutional and Retroactive
The Foreclosure Abuse Prevention Act (FAPA) applies to this action and renders plaintiff’s cause of action untimely.
Wells Fargo, Bank of New York and US Bank Requests to Reopen Foreclosures from 2008 Solidly Rejected by Appeals Court
The Appellate Court found the Banks’ have unreasonably neglected and failed to prosecute these foreclosures, and they are now time-barred.
Second Circuit: Federal Court of Appeals Certify Questions to NY Supreme Court on Time-Barred Foreclosure
It’s a hot topic, allowing debts to be time-barred against banks and non-banks goes against the history of the federal judiciary’s role.
Deutsche Bank Time-Barred as NY Courts Reaffirm You Can Only Accelerate the Debt Once and The Clock Starts Ticking Thereafter
Once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt,
Standing: Merely Attaching the Note with a Blank Indorsement to the Complaint is Not Sufficient
A plaintiff may establish standing where it is the holder or assignee of both the mortgage and the note at the time action was commenced.
New York Appeals Court Upholds Foreclosure Dismissal: Mortgage Lender’s Tardy Excuse Falls Short
Time-Barred: Appeals court affirms foreclosure dismissal in Queens Case, citing lender’s delayed excuse for absence at key conference.
Judge Francis A. Khan III Favored HSBC Bank USA, N.A. but Appeals Panel Ruled for Homeowner
HSBC Bank did not establish that it strictly complied with RPAPL 1304(1). In other words, mandatory language and information matters.
Statute of Limitations Begins to Run on the Entire Debt Once Accelerated and Lawsuit Filed
This action was time-barred by submitting evidence demonstrating debt was accelerated in 2013, upon the commencement of the prior action.