ACCESS Newswire
02 Jul 2025, 00:25 GMT+10
For New York homeowners facing foreclosure, a powerful legal reform is shifting the balance. The Foreclosure Abuse Prevention Act ('FAPA'), signed into law in December 2022, has introduced substantial new protections that limit abusive litigation practices by lenders. But many consumers are still asking: What does FAPA stand for-and how does it work?
NEW YORK CITY, NY / ACCESS Newswire / July 1, 2025 / Petroff Amshen LLP, a law firm focused on consumer protection and foreclosure defense, is shedding light on the scope and impact of FAPA in New York, and how it is already helping homeowners regain leverage in long-running foreclosure cases.
What Does FAPA Stand For?
FAPA stands for the Foreclosure Abuse Prevention Act-a state law designed to end lender tactics that exploit procedural loopholes to restart or extend foreclosure cases indefinitely.
Before FAPA, banks and mortgage servicers could manipulate the timeline of a foreclosure by voluntarily pausing and re-filing cases, effectively resetting the statute of limitations. This left many homeowners in limbo, facing lawsuits years after they believed the matter was resolved or abandoned.
Now, under FAPA New York, this kind of procedural abuse is no longer allowed. The law restores fairness and finality to the foreclosure process by:
Clarifying how and when the six-year statute of limitations is triggered
Preventing lenders from revoking their decision to accelerate a mortgage simply to extend the time to sue
Limiting the ability to refile foreclosure actions on the same default
Reversing and codifying prior decisions from the New York Court of Appeals into state law
Why FAPA Matters for Homeowners
The passage of FAPA has immediate implications for thousands of New York homeowners who are either in foreclosure or at risk. For many, the law may mean a foreclosure action is now time-barred, making it subject to dismissal under New York's six-year limit on mortgage enforcement.
'FAPA was passed because the system was being abused-and homeowners were paying the price,' said Steven Amshen, Founding Partner of Petroff Amshen LLP. 'This law is about restoring balance and giving families a real defense against endless litigation.'
How Petroff Amshen LLP Uses FAPA to Defend Homeowners
Petroff Amshen LLP has already leveraged FAPA in active foreclosure litigation, helping clients challenge cases that exceed the statute of limitations. Their approach includes:
Reviewing the entire history of the foreclosure process to identify timeline violations
Challenging lenders' claims when deadlines have expired
Filing motions to dismiss cases under FAPA grounds
Pursuing broader legal relief where appropriate, including cancellation of mortgages through Article 15 actions
The firm represents clients across New York who have been entangled in foreclosure actions for years-many of whom were previously told there was no legal path forward.
Know Your Rights Under FAPA - New York
If you're currently facing foreclosure or have been re-sued on a mortgage years after the first filing, you may have legal grounds for dismissal. FAPA in New York may apply even if previous cases were discontinued or dismissed.
Petroff Amshen LLP urges homeowners to have their cases reviewed by attorneys who understand this law and its power to stop wrongful foreclosure actions.
Stay Informed. Stay Protected. Stay Connected.
Petroff Amshen LLP shares legal updates, court decisions, and consumer-focused resources to help New Yorkers protect their homes. With nearly two decades of experience in foreclosure defense, the firm continues to lead in applying new laws like FAPA for the benefit of everyday homeowners.
Follow Petroff Amshen LLP for updates on FAPA and foreclosure defense:
Instagram: @petroffamshen
Facebook: Petroff Amshen LLP
LinkedIn: Petroff Amshen LLP | New York
Contact Information
Gabriel Botero
Media Relations
[email protected]
(718) 336-4200
SOURCE: Petroff Amshen LLP
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