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."