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

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case

Press Release
Aug 21, 2025
102 Hinshaw Lawyers Recognized in 2026 Editions of The Best Lawyers in America® and Ones to Watch™





