Now, under FAPA New York, this kind of procedural abuse is no longer allowed. The law restores fairness and finality to the foreclosure process by:
- Clarifying how and when the six-year statute of limitations is triggered
- Preventing lenders from revoking their decision to accelerate a mortgage simply to extend the time to sue
- Limiting the ability to refile foreclosure actions on the same default
- Reversing and codifying prior decisions from the New York Court of Appeals into state law
Why FAPA Matters for Homeowners
The passage of FAPA has immediate implications for thousands of New York homeowners who are either in foreclosure or at risk. For many, the law may mean a foreclosure action is now time-barred, making it subject to dismissal under New York’s six-year limit on mortgage enforcement.
“FAPA was passed because the system was being abused—and homeowners were paying the price,” said Steven Amshen, Founding Partner of Petroff Amshen LLP. “This law is about restoring balance and giving families a real defense against endless litigation.”