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On September 16, 2025, a mortgage holder filed a putative class action in the U.S. District Court for the Northern District of New York against the State of New York, challenging the Foreclosure Abuse Prevention Act (“FAPA”). The suit contends that FAPA’s retroactive changes to New York’s foreclosure statute of limitations extinguished vested foreclosure rights and rendered thousands of mortgages unenforceable. The complaint alleges violations of the Takings Clause, Contracts Clause, and Due Process Clause, and seeks declaratory and injunctive relief, damages, and attorneys’ fees on behalf of a class of affected mortgage holders.
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If you have questions about this publication, please contact Adam Friedman, Ralph Vartolo or Michael DeRosa,
Friedman Vartolo LLP, 1325 Franklin Avenue, Suite 160, Garden City, NY 11530, Phone: (212) 471-5100 | Fax: (212) 471-5150.




