Brian McGrath Praises New York Court of Appeals Decision in Fannie Mae Foreclosure Case
In The News | 2 min read
Dec 21, 2022
In a National Mortgage Professional article, Hinshaw partner Brian McGrath reacted to news that the New York Court of Appeals recently ruled in favor of the Federal National Mortgage Association (Fannie Mae) in a foreclosure case that could have an impact on legislation awaiting New York Gov. Kathy Hochul’s signature. The New York Foreclosure Abuse Prevention Act would significantly narrow the circumstances where the statute of limitations for mortgage foreclosure actions can be re-set or extended.
In the case, the court ruled that the six-year statute of limitations period for the foreclosure refiling was reset as a result of payments made by the borrower under a Home Affordable Modification Trial Payment plan, after foreclosure had originally been filed.
McGrath said the decision reaffirmed well-settled law under New York’s General Obligations, and added that it further demonstrates that mortgage loans are dynamic contracts between borrowers and lenders.
“The dynamic nature is key to working to keep struggling borrowers in their homes, something the court of appeals recognized in the Engel decision,” McGrath said. “Thus, the [New York Foreclosure Abuse Prevention Act] legislation aimed at abrogating the Engel decision, which allows for borrowers to work in a dynamic manner with their lenders, is a peculiar way to help consumers."
He added that the New York Foreclosure Abuse Prevention Act awaiting Hochul’s signature will in reality benefit defaulted borrowers who game the system to delay their foreclosure proceedings, and will hurt the vast majority of homeowners who work with their lenders to get back on a performing path.
Read the full National Mortgage Professional article
"New York Appeals Court Sides With Fannie Mae" was posted by National Mortgage Professional on December 15, 2022.
RELATED CONTENT
- Brian McGrath Appears on CBS New York as Governor Hochul Mulls Whether to Sign New York Foreclosure Abuse Prevention Act
- Brian McGrath Analyzes New York Foreclosure Abuse Prevention Act in National Media Articles
- Brian McGrath Discusses Effects of New York Foreclosure Abuse Prevention Act on Lenders and Borrowers
Related People
Related Capabilities
Related Locations
Featured Insights

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry

In The News
Jun 26, 2026
Jason Oliveri Discusses AI Companions in Elder Care and the Risks for LGBTQ+ Residents

Event
June 25-26, 2026
Todd Young Speaks on Importance of Financial Literacy to ESOP Culture

Press Release
Jun 25, 2026
Scott Seaman Appointed to DRI Center for Law and Public Policy’s Social Inflation Task Force



