In an unprecedent challenge to the Foreclosure Abuse Prevention Act (“FAPA”) retroactivity clause, Friedman Vartolo LLP filed an amicus curiae (“friend of the court”) brief on behalf of five national and state trade organizations in the Supreme Court of the United States on July 1, 2025. The prominent group includes the New York Mortgage Bankers Association (“NYMBA”), American Institute of Servicing and Legal Executives (“AISLE”), American Bankers Association (“ABA”), Mortgage Bankers Association (“MBA”), and New York Bankers Association (“NYBA”) (“Joint Amici”). The amicus brief will be filed in support of U.S. Bank National Association, not in its individual capacity but solely as Truste for the RMAC Trust, Series 2016-CTT (“U.S. Bank”) in connection with U.S. Bank’s petition for writ of certiorari to the U.S. Supreme Court in U.S. Bank v. Cassandra Fox.

In support of the U.S. Bank’s petition for permission to appeal to the Nation’s highest court and challenge the constitutionality of the FAPA §10 retroactivity clause, as applied to FAPA’s Civil Practice Law and Rules (“CPLR”) §205-a mortgage foreclosure-specific “savings statute”, the Joint Amici through Friedman Vartolo explained the challenges to the New York judicial foreclosure process, articulated why the indefinitely retroactive application of FAPA violated the “Due Process” and “Takings” clauses of the U.S. Constitution, and detailed how FAPA destabilized the secondary mortgage market for New York loans. Based on these compelling arguments, Friedman Vartolo on behalf of the Amici argued that the Supreme Court should grant U.S. Bank’s petition and hear its challenges to FAPA retroactivity.

Friedman Vartolo partners Michael DeRosa Esq. and Zachary Gold Esq. as well as senior appellate counsel Stephen Vargas Esq. authored the brief.