Rosenberg Fortuna & Laitman LLP is proud to announce a major appellate victory on behalf of its client, Article 13 LLC, in a landmark decision issued by the New York Court of Appeals holding that the Foreclosure Abuse Prevention Act (“FAPA”) applies retroactively and is constitutional. The unanimous ruling—one of the most consequential foreclosure-law decisions in years—brings clarity and stability to homeowners and litigants statewide.
The victory was prominently featured in the New York Law Journal, which reported on the Court’s holding and its significance for New York foreclosure jurisprudence. The article highlighted the Legislature’s intent “to shield as many borrowers as possible” and recognized that the Court’s decision resolved questions certified to it by the United States Court of Appeals for the Second Circuit concerning FAPA’s retroactivity and constitutionality under the New York State Constitution.
The New York Law Journal also quoted Partner Anthony R. Filosa, who successfully argued the appeal before New York’s highest court:
“I am gratified that New York's highest court affirmed what the Legislature made unmistakably clear: FAPA restores fairness, stops abusive foreclosure tactics, and protects homeowners and the court system from endless re-litigation.”
This decision represents a significant affirmation of legislative intent, homeowner protections, and the rule of law. Rosenberg Fortuna & Laitman congratulates our client Article 13 LLC and commends Partner Anthony R. Filosa for his leadership in securing this important statewide precedent.
Contact Rosenberg Fortuna & Laitman, LLP today to learn more about our services and how we can assist you!