Retroactive Application of FAPA; Guarantor Liability: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "U.S. Bank Trust NA v. Miele," involving the the constitutionality of a retroactive application of the Foreclosure Abuse Prevention Act and "Forty Seventh Fifth Co. v. Abraham," dealing with guarantor liability for a tenant's rent.
November 07, 2023 at 01:30 PM
17 minute read
Foreclosures—Judgment of Foreclosure and Sale Vacated—Foreclosure Abuse Prevention Act (FAPA)—Although the Appellate Division Had Applied FAPA Retroactively, It Had Not Addressed the Constitutionality of the Retroactive Application of FAPA—Retroactive Application of FAPA Did Not Constitute a Taking or a Violation of Due Process or a Violation of the Contracts Clause
Defendants in a mortgage foreclosure action sought leave to renew a prior motion to dismiss and upon renewal, they sought an order granting their prior motion to dismiss and vacating an Order of Reference and vacating a Judgment of Foreclosure and Sale.
In 2009, the plaintiff lender's predecessor in interest had commenced an action to foreclose upon a mortgage which encumbered a residential property (2009 Action). The complaint included an "express acceleration of debt provision."
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