New York’s court of last resort on Thursday “respectfully declined” to answer a certified question from a federal appeals court asking for its guidance on the retroactivity of the state’s Foreclosure Abuse Prevention Act that lawmakers enacted in December 2022.

The FAPA spells out that lenders are mandated to bring forward a mortgage foreclosure action within six years of the maturity date. It also holds that voluntary discontinuance of an action doesn’t reset the statute of limitations.