The Case at a Glance

In a legal battle involving a default judgment and a foreclosure action, both the plaintiff and the defendant presented motions related to a prior order. The defendant, represented by Petroff Amshen, aimed to vacate their default and fight the foreclosure on the grounds that the action was time-barred, leveraging the recently enacted FAPA.

The Foreclosure Abuse Prevention Act (FAPA)

FAPA, which came into effect on December 30, 2022, has significantly altered the landscape of foreclosure law in New York. It introduced changes to CPLR §205-a, affecting the 'savings provision' of CPLR 205, particularly concerning real property actions including foreclosure matters. One of the key provisions under FAPA states that no party can unilaterally change the limitations period for commencing a foreclosure action unless expressly prescribed by statute. This law aims to prevent abuse in the foreclosure process and ensure fairness in litigation.

Impact of FAPA on Foreclosure Actions

In the mentioned case, the defendant's motion to dismiss the foreclosure action as time-barred, based on FAPA, was granted. This decision aligns with the law's intention to provide homeowners with protection against undue foreclosure actions that are initiated beyond the legally prescribed time limits. It's a clear demonstration of how FAPA seeks to rectify abuses in the foreclosure process and offers a fresh perspective on handling such legal matters.