Blog
FV & ALFN Challenge FAPA Retroactivity Before NY Court of Appeals
- By: ALFN
- On: 08/26/2025 17:48:09
- In: Member Update
FV and ALFN have filed an amicus brief before the New York Court of Appeals challenging the retroactive application of the Foreclosure Abuse Prevention Act (FAPA) to protect lenders, investors, and property rights.
Following our recent amicus curiae brief before the United States Supreme Court on behalf of a coalition of national and state trade associations, Friedman Vartolo LLP (“FV”) has now submitted an amicus curiae brief in the New York Court of Appeals in Article 13 LLC v. Ponce de Leon Federal Bank, 43 N.Y. 3d 982 (2025). Filed on behalf of the American Legal & Financial Network (“ALFN”), the brief reflects the unified position of leading voices in the mortgage servicing industry on a case that could reshape foreclosure law in New York. At issue is whether the Foreclosure Abuse Prevention Act (“FAPA”) applies retroactively to foreclosure actions filed before December 30, 2022, and whether such application violates the Due Process Clause of the New York Constitution. The Second Circuit certified these questions to the state's highest court, underscoring their broad impact on lenders, investors, and the mortgage market.Filed on August 22, 2025, the brief argues that FAPA should apply only prospectively for a multitude of reasons. It emphasizes the strong presumption against retroactive statutes, the absence of clear legislative intent to apply FAPA retroactively, and the constitutional protection of vested property rights, all based on New York State high appellate court precedent. The brief details how indefinite retroactive application has disrupted the secondary mortgage market, eroded investor confidence, and destabilized mortgage enforcement across New York.
FV is proud to represent the ALFN in advocating for clarity in foreclosure law and the protection of property rights. For a concise overview of the case and its potential impact, visit our FV Insights post: FV & ALFN Challenge FAPA Retroactivity Before NY Court of Appeals Case.
For further discussion, please contact:
Stephen Vargas, Esq. – svargas@friedmanvartolo.com
Zachary Gold, Esq. – zgold@friedmanvartolo.com
Michael DeRosa, Esq. – mderosa@friedmanvartolo.com