Obtained a favorable decision from a New York state court on a motion to renew a prior summary judgment ruling for the plaintiff lender and on a motion to dismiss a foreclosure action in favor of the loan servicer due to the defendants’ lack of standing, precluding the defendants from asserting the recently enacted Foreclosure Abuse Prevention Act (“FAPA”) to reopen the statute of limitations as an affirmative defense. While the court did not rule directly on the FAPA issue, the court noted our constitutional challenges to FAPA were “seriously colorable.”
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