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In 2022, the New York State Legislature enacted the Foreclosure Abuse Prevention Act (FAPA), thereby amending several interrelated provisions of the Civil Practice Law and Rules (CPLR), the Real Property Actions and Proceedings Law (RPAPL), and the General Obligations Law (GOL), which affect how and when the statute of limitations may be invoked by defaulting borrowers to defeat foreclosure actions brought against them by their lenders.
This article will examine the background leading to the FAPA legislative amendments and how they have been construed, in recent Appellate Division decisions, where courts have been required to determine their application.
