“Missed it by That Much” – CPLR 205-A and FAPA
- Feb 21 2025
By: Jonathan H. Freiberger Seasoned attorneys will get the reference in the title of this article to one of Maxwell Smart’s catch phrases from “Get Smart”, but most of the …
Category: De-acceleration
The Appellate Division, Third Department, Holds that Retroactive Application of the Foreclosure Abuse Prevention Act (“FAPA”) Does Not Violate Due Process
- Oct 25 2024
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure.[1] We have also written numerous articles relating to the recently enacted …
PRETEXTUAL DE-ACCELERATION OF MORTGAGE DEBT
- Feb 5 2021
[EDITOR’S NOTE. On February 18, 2021, the New York Court of Appeals decided Freedom Mortgage Corp. v. Engel, in which it, inter alia, expressly rejected the “pretextual de-acceleration” theory. This …
