What Does FAPA Stand For? NY Foreclosure Law | Petroff Amshen

Written by Steven Amshen | Aug 18, 2026, 1:37:50 PM

What Does FAPA Stand For?

FAPA stands for the Foreclosure Abuse Prevention Act, a New York state law signed on December 30, 2022. It addresses how the six-year statute of limitations applies to mortgage foreclosure and limits the ways that limitations period can be extended or restarted.

Why did New York pass FAPA?

FAPA was a legislative response to the New York Court of Appeals decision in Freedom Mortgage Corp. v. Engel (2021). Under the prior framework, the statute of limitations on a foreclosure could be reset when a case was voluntarily discontinued and later refiled. The effect was that a foreclosure could be brought years after a homeowner believed the matter was resolved. FAPA was enacted to close that gap and to bring finality to the limitations period.

What did FAPA change?

FAPA amended New York law to:

  • Clarify how and when the six-year statute of limitations is triggered (CPLR 213(4)).
  • Provide that a voluntary discontinuance of a foreclosure does not reset the limitations clock.
  • Provide that a unilateral de-acceleration of the loan does not extend the time to sue.
  • Limit refiling a foreclosure action on the same default after the period has run.
  • Codify the limitations framework into statute.

How does FAPA affect pending foreclosure cases?

FAPA was written to apply to foreclosure actions pending at the time it was enacted, not only to new filings.

New York Court of Appeals · November 25, 2025

The Court held that FAPA applies retroactively to foreclosure actions in which a final judgment of foreclosure and sale has not been enforced, and that applying it that way does not violate substantive or procedural due process under the New York Constitution (Article 13 LLC v. LaSalle National Bank Association and Van Dyke v. U.S. Bank). The Court noted that the six-year statute of limitations itself was unchanged.

The decisions did not resolve every question about FAPA. The Court did not reach the New York Takings Clause, and certain provisions and federal constitutional challenges may continue in the courts. How FAPA applies still depends on the facts of each case.

What may FAPA mean for New York homeowners?

For some New York homeowners, FAPA may mean that a foreclosure action is now time-barred and subject to dismissal under the six-year limit. In some situations, a homeowner may also pursue cancellation of a time-barred mortgage through a quiet title action under RPAPL Article 15 (Section 1501(4)). Whether any of this applies depends on the specific history of the case.

How Petroff Amshen Uses FAPA in Foreclosure Defense

Petroff Amshen LLP represents New York homeowners in foreclosure defense and raises FAPA where the facts support it. The firm's approach includes:

  • Reviewing the full history of the foreclosure to identify limitations issues.
  • Raising the statute of limitations as a defense where the period has run.
  • Filing motions to dismiss on FAPA grounds where appropriate.
  • Pursuing cancellation of a time-barred mortgage under RPAPL Article 15 where the facts support it.

“FAPA gave New York homeowners a clearer statute of limitations and closed the gap that let foreclosure timelines restart. For long-running cases, that can be a real defense.”

Steven Amshen, Founding Partner, Petroff Amshen LLP

Frequently Asked Questions

What does FAPA stand for?
FAPA stands for the Foreclosure Abuse Prevention Act, a New York law that limits how the foreclosure statute of limitations can be extended or restarted.
When was FAPA signed into law?
FAPA was signed into law in New York on December 30, 2022.
What is the statute of limitations for foreclosure in New York?
New York applies a six-year statute of limitations to mortgage foreclosure under CPLR 213(4).
Does FAPA apply to cases already filed?
Yes. On November 25, 2025, the New York Court of Appeals held that FAPA applies retroactively to foreclosure actions in which a final judgment of foreclosure and sale has not been enforced. Whether it changes a particular case still depends on the facts.
Can FAPA be used as a defense to foreclosure?
In some cases, FAPA may support a statute-of-limitations defense or a motion to dismiss a time-barred foreclosure. Whether it applies depends on the specific history of the case.
Know Your Legal Options.
Petroff Amshen LLP represents New York homeowners in foreclosure defense in state and federal courts.

Authoritative sources: CPLR 213 · RPAPL § 1304
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