Reverse Mortgage Foreclosure—RPAPL 1501 Complaint Reinstated—Foreclosure Abuse Prevention Act (FAPA)—CPLR 213(4)(b)—Lender Cannot Assert Statute of Limitations In Mortgage Foreclosure Action—Prior Court Had Not Expressly Held That Debt Secured By Reverse Mortgage Had Not Been Accelerated—Dismissal of Prior Action Based on Lack of Jurisdiction Did Not Include a Determination That Lender's Acceleration Had Been a Nullity—FAPA To Be Applied Retroactively—Foreclosure Action Had Been Commenced Before Executors Had Been Appointed—Court Did Not Consider Whether Retroactive Application of FAPA Was Unconstitutional Since Plaintiff Failed To Provide Notice to the Attorney General

This decision involved an appeal from a trial court order which granted a defendant's motion to dismiss the complaint.

On March 13, 2006, the plaintiff's decedent had executed a reverse mortgage "encumbering his single-family home." The reverse mortgage "was designed to allow the elderly homeowner to borrow money against the accumulated equity in his home, provided that the outstanding loan balance needed to be repaid upon the occurrence of a triggering event, one of which was the death of the borrower…." The plaintiff's decedent died on March 18, 2008.