Massapequa FAPA Lawyer
Protect Your Home: Foreclosure and Abuse Prevention Act (FAPA)
At James J. Quail & Associates, PC, we understand the overwhelming pressure that foreclosure can place on homeowners. Fortunately, with the enactment of the Foreclosure and Abuse Prevention Act (FAPA), homeowners now have stronger legal protections against abuses in the foreclosure process. More importantly, FAPA allows homeowners to have foreclosure actions dismissed based on the expiration of the statute of limitations.
Statute of Limitations in Foreclosure Actions
Under CPLR 213, the statute of limitations for foreclosure on a mortgage in New York is six years. This means that a lender must bring a foreclosure action within six years of the default. If the lender fails to do so, they cannot legally pursue the foreclosure.
For example, if a lender initiates a foreclosure but later voluntarily discontinues the action, the six-year limitation period continues to run from the original start date. If the lender attempts to recommence the action after this six-year period, it is barred under the law.
Why Was FAPA Enacted?
FAPA was introduced to address lender abuses in the foreclosure process, particularly practices that took advantage of the statute of limitations. Prior to FAPA, lenders could discontinue foreclosure actions and later recommence them, even after the six-year statute of limitations had expired. This practice was upheld by the Freedom Mortgage v. Engel case, which allowed lenders to reset the statute of limitations by discontinuing and restarting the foreclosure action.
Governor Kathy Hochul and the New York legislature recognized this unfair practice and enacted FAPA to close the loopholes that allowed lenders to circumvent the statute of limitations. FAPA makes it clear that lenders cannot reset the clock by discontinuing foreclosure actions, providing greater protection to homeowners from unjust foreclosure proceedings.
Impact on Past Foreclosure Cases
In many previous foreclosure actions, lenders would not appear in court, leading judges to dismiss the cases temporarily to manage their caseloads. Courts would often allow lenders to restore these cases at a later date, effectively giving them more time to pursue the foreclosure.
Under FAPA, cases that were reinstated in this manner may now be eligible for dismissal, particularly if the six-year statute of limitations has expired. This change prevents lenders from benefiting from delays that were previously allowed under the old procedural rules.
Personalized Legal Support
With years of experience in foreclosure defense and a deep understanding of FAPA, our team offers personalized consultations to assess your specific circumstances. We will develop a tailored strategy to protect your home, whether through foreclosure dismissal or other legal remedies.
How James J. Quail & Associates, PC Can Help
At James J. Quail & Associates, PC, our experienced legal team is dedicated to protecting homeowners from unlawful foreclosure actions. We specialize in foreclosure defense and are well-versed in the intricacies of FAPA and the statute of limitations. Whether you’re facing an active foreclosure or believe you were wronged in a prior action, we are here to help you explore your options, including seeking dismissal of your mortgage.
If you are facing foreclosure or need advice on FAPA-related matters, consider reaching out to James J. Quail & Associates, P.C. for legal assistance from our trusted Massapequa FAPA attorneys.