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

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)


