Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry
Via Newsday
In The News | 1 min read
Jun 26, 2026
Hinshaw partner Brian McGrath was quoted in a recent Newsday article, discussing the far-reaching consequences of a New York appellate decision in favor of a mortgage holder, following a 16-year foreclosure process.
The mortgage holder benefited from the Foreclosure Abuse Prevention Act (FAPA), the 2022 state law that tightened statute of limitation rules around foreclosures in New York. The court affirmed that FAPA applies retroactively and rejected arguments raised by the mortgage holder. The decision is the latest in a series of developments reshaping the foreclosure landscape in New York that lenders must take note of. According to real estate data provider ATTOM, New York ranks third nationally in the length of foreclosure cases, at an average of more than five years.
FAPA Implications for Lenders, Servicers, and Borrowers
“Lenders and their attorneys continue to oppose the law,” Brian observed. “The stricter rules hurt borrowers by incentivizing lenders to move quickly and spend less time working out potential solutions with consumers.”
He also explained how FAPA creates “new time pressure to financial institutions to constantly be moving the foreclosure toward completion.” The stricter rules discourage the delays and procedural resets that lenders previously relied on and may reduce the window for negotiating workout solutions with borrowers. This could lead to more aggressive foreclosure actions rather than collaborative loss mitigation efforts.
Key Takeaways
-
- Statute of limitations management is critical. Lenders and servicers must diligently track acceleration dates and prosecute foreclosure actions without unnecessary delay.
- Loan portfolio review is essential. Institutions holding New York mortgage debt—particularly legacy loans with complicated procedural histories—should assess exposure and the viability of pending actions.
-
- Newsday: “Beating foreclosure: Long Island family wins case after 16-year fight” (June 25, 2026)
Related People
Related Capabilities
Related Locations
Featured Insights

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims



