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Foreclosure › Appellate Courts › Constitutional Challenges

Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of... more +
Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -
Goodwin

Portions of New York’s FAPA Survive Constitutional Challenges

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Over the last four months, New York’s Appellate Division has finally begun to address constitutional challenges to the state’s Foreclosure Abuse Prevention Act (FAPA), an act that became effective in December 2022 and...more

McGlinchey Stafford

Litigation Byte (December Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

McGlinchey Stafford

The Second Department Rejects Constitutional Challenge to FAPA

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On December 4, 2024, the Appellate Division, Second Department affirmed the trial court’s retroactive application of the Foreclosure Abuse Prevention Act (FAPA) to dismiss the re-commenced foreclosure action as time-barred...more

Goodwin

Awaiting Appellate Precedent on Whether Recent New York Foreclosure Limits Are Constitutional

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​​​​​​​Over a year after becoming law, New York’s Foreclosure Abuse Prevention Act, L. 2022, ch. 821 (eff. Dec. 30, 2022) (FAPA) continues to divide trial courts regarding the constitutionality of the law’s retroactive...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Am I Bound By An Arbitration Agreement I Did Not Sign? Volume 4, Issue 13

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TCPA Government-Debt Exception- Barr v. Am. Assn. of Political Consultants, ___U.S.___ (2020) The United States Supreme Court affirmed the judgment of the U.S. Court of Appeals for the Fourth Circuit, striking down the...more

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