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Real Property Law
Retroactive Application of FAPA Does Not Violate State Constitution
Article 13 LLC v. Ponce De Leon Federal Bank
2025 WL 3272351
Court of Appeals
(Opinion by Chief Judge Wilson)
In junior mortgagee’s action to quiet title against senior mortgagee, the Second Circuit certified a question to the Court of Appeals, asking whether the Foreclosure Abuse Prevention Act (FAPA) applied retroactively to foreclosure actions commenced before the statute’s enactment, and whether retroactive application violated the state constitution. The Court of Appeals concluded that the statute applied retroactively and did not violate the state constitution.
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