Recent Cases Offer Instruction for Lenders on Avoiding FAPA Estoppel in Foreclosure or Quiet Title Actions in New York

Under the Foreclosure Abuse Prevention Act (“FAPA”), effective as of December 30, 2022, a lender in a New York foreclosure or quiet title action can be estopped from asserting that the subject mortgage loan was not validly accelerated by commencement of a prior foreclosure action. Estoppel applies unless the prior foreclosure action “was dismissed based on an expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated.” (See CPLR 213(4).) More ›

Rent Receivership in Connecticut: Legal Strategies for Servicers and Owners of Non-Performing Commercial Loans

Servicers and owners of non-performing commercial loans may seek the appointment of a rent receiver to manage cash flow and keep utilities and property vendors current during the pendency of a foreclosure.  

Connecticut courts consider several factors when deciding whether to appoint a receiver, including evidence of waste, the relationship between the debt and the property’s value, and the terms of the loan documents.

This blog post outlines the legal framework and practical steps for successfully obtaining a rent receiver, with a focus on expediting the process and maximizing collateral value. More ›

New York Court of Appeals Accepts Certified Questions on Whether FAPA Should be Retroactively Applied

The New York Court of Appeals has finally agreed to consider whether retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”) (or sections of it) violates the New York Constitution. Over the last two years, New York and federal trial and appellate courts have grappled with this question. Indeed, three of the four Appellate Divisions have ruled – with minimal analysis – that retroactive application does not violate the New York (or United States) Constitution. Until now, the Court of Appeals has avoided taking up the matter. More ›

[Privacy, Cyber, & AI Decoded Alert] Are Your Cybersecurity Controls Ready for the New York State Department of Financial Services' Deadlines?

Is your business prepared to comply with the key cybersecurity requirements under the New York State Department of Financial Services (NYDFS) cybersecurity regulation, Part 500, that will take effect in 2025?  More ›

Navigating Standing Considerations in Data Breach Class Actions

The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that they were injured as a result of the breach due to an increased risk of identity theft. However, an increased risk of future harm does not mean the harm will necessarily materialize. More ›

New York City Department of Consumer and Worker Protection Announced Another Delay to the Effective Date for its Final Rules Relating to Debt Collectors

In January 2025, the New York City Department of Consumer and Worker Protection (DCWP) issued a Notice of Change of Effective Date (Notice), further delaying the effective date for the final rules relating to debt collectors (Rules) to October 1, 2025. More ›