Scott Mollen Retroactive Application of FAPA; Modification of Ground Lease: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "U.S. Bank National Association v. Joerger," and "Atlantic Ctr. Fort Greene Assoc., LLC v. City of New York."
April 30, 2024 at 03:28 PM
17 minute read
Real EstateForeclosures—Foreclosure Abuse Prevention Act (FAPA) Not To Be Applied Retroactively—Court Found No "Legitimate Legislative Purpose" To Support Retroactive Application—Banking Law 6-1—FAPA Amendments Were an "Unprecedented Attack On The Judiciary"—An "Assault Upon the Court of Appeals Holding" In 'Freedom Mortgage v. Engel'—Loan Was Not a "High-Cost Home Loan"
This decision involved an action to foreclose a mortgage on residential property. The court denied the defendant's motion to dismiss.
In February 2006, defendant "A" agreed to repay $280,000 to the plaintiff's predecessor in interest and executed a promissory note and, together with "B" executed a mortgage. The borrowers stopped making payments on May 1, 2009. A foreclosure action was commenced on May 7, 2013 (Action #1). Defendant "A" filed an answer, but no other defendants appeared. On June 27, 2022, the court had issued a decision and order determining three motions. The court granted the plaintiff's motion for summary judgment against "A", dismissing eight of the nine asserted affirmative defenses.
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