Fernando Rivera-Maissonet Analyzes New York’s Highest Court Decision to Review Whether FAPA Can Apply Retroactively
Published as a Law360 “Expert Analysis”
In The News | 1 min read
Jul 21, 2025
Hinshaw partner Fernando Rivera-Maissonet recently authored a Law360 “Expert Analysis” examining the significance of the New York Court of Appeals’ agreement to consider whether the retroactive application of the Foreclosure Abuse Prevention Act (FAPA) violates the US Constitution or New York’s Constitution.
This pivotal issue has divided New York state and federal courts over the last two years, with three of the four Appellate Divisions supporting retroactivity. However, the state’s highest court has declined several invitations to weigh in on the issue until now.
Fernando’s article discusses the Court of Appeals’ decision to consider two certified questions from the Second Circuit in Article 13 LLC v. Ponce De Leon Federal Bank and Van Dyke v. U.S. Bank NA. Both cases raise the issue of whether FAPA’s amendments to the statute of limitations for mortgage foreclosures can be applied retroactively to actions predating the law’s enactment.
Fernando highlights the significant implications of the upcoming decisions for lenders, mortgage holders, servicers, and borrowers across New York:
-
- A ruling in favor of retroactivity could introduce a wave of litigation and require industry professionals to reassess their positions on time-barred mortgages.
- A ruling against retroactivity would provide immediate clarity to the mortgage industry.
- A lack of a decision on the US Constitution claims in the Van Dyke argument would not resolve the uncertainty, and such litigation would likely continue.
-
- Law360: "2 NY Cases May Clarify Foreclosure Law Retroactivity" (July 16, 2025)
Related People
Related Capabilities
Related Locations
Featured Insights

Press Release
Jun 2, 2026
Palma Yanni Honored With 2026 Achievement Award by Mount Holyoke College

In The News
Jun 2, 2026
Jason Rosen Explores the Opportunities and Uncertainties of Florida’s New Series LLC Law

Hinshaw Alert
Jun 1, 2026
SCOTUS Clears Road to Negligent Hiring, Selection Against Freight Brokers

Insights for Employers Alert
May 29, 2026
USCIS Policy Update: New Adjustment of Status Guidance Impacting Employers and Individuals

Press Release
May 28, 2026
Hinshaw Adds Former General Counsel as a Commercial Transactions Partner in Miami

Event
May 27-29, 2026
Steve Puiszis Moderates Discussion on Today's Law Firm Risk Environment

Press Release
May 26, 2026
L.J. Rotman Recognized in the Inaugural Minnesota Lawyer Minnesota Legal 250

Privacy, Cyber & AI Decoded Alert
May 21, 2026
Deploying AI Companions in Elder Care: A Privacy Compliance Playbook

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States




