By now lenders, servicers and their attorneys should be well aware of the serious danger encountered by mortgage holders through multiple changes to law in the Foreclosure Abuse Prevention Act (the “Act”). While there is no doubt that peril lurks, there might be some room to assess the true depth of concern as the issues enfold and are litigated over time.

The first case to address any aspect—and there are so many—was reasonable, sensible and helpful, although it was at the trial court level. [U.S. Bank National Association as Trustee v. Pierre, 78 Misc.3d 870, 184 N.Y.S.3d 890 (Sup. Ct., Suff. Co,. 2023)]. This focused only upon a single portion of the Act, but certainly a meaningful one—the six-month grace period to begin a new action.

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