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The Appellate Division, First Department, Holds That FAPA’s Retroactive Application Does Not Invalidate Stipulation In Prior Foreclosure Action Tolling Statute of Limitations
By Jonathan H. Freiberger On March 17, 2026, the Appellate Division, First Department, decided HSBC Bank USA, N.A. v. Nicholas , a mortgage foreclosure action that addresses many of the issues raised in our prior BLOG articles. HSBC involves the Foreclosure Abuse Prevention Act (“FAPA”), and the statute of limitations in foreclosure actions. By way of brief background, FAPA went into effect in December of 2022, and “represents the Legislature’s response to litigation strat
Jonathan Freiberger
23 hours ago4 min read
Just When You Thought It Could Not Get More Unanimous, The Court of Appeals Determines that FAPA’s Retroactive Application Does Not Violate the Due Process or Contract Clauses of the United States ...
By: Jonathan H. Freiberger Last Week in our BLOG article: “ It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA ,” we again discussed FAPA and noted that on November 25, 2025, the New York Court of Appeals decided two cases: Article 13 LLC v. Ponce De Leon Fed. Bank , and Van Dyke v. U.S. Bank, N. A. , in which the Court determined that retroactive application of FAPA’s provisions passes constitutional muster und
Jonathan Freiberger
Dec 5, 20257 min read
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