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
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee

In The News
Sep 3, 2026
Jennifer Driscoll Analyzes FTC Suit over Amazon’s Advertising Pricing Practices

In The News
Sep 2, 2026
Yvonne Ocrant Discusses Horse Business Legal Protection on the EquineRevShare Podcast

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 2, 2026
Two Key Wins for Mortgage Lenders on Illinois Statute of Limitations

Press Release
Sep 2, 2026
Jennifer Driscoll Reappointed to CBA's Antitrust & Trade Regulation Section Executive Committee



