New York’s Foreclosure-Abuse Law Sinks Lender’s Stale Mortgage Claim

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New York’s foreclosure-abuse law just ended a Brooklyn mortgage claim that lenders had kept alive since 2002.

On August 5, 2026, the Appellate Division, Second Department, affirmed a grant of summary judgment that dismissed a foreclosure as too late. The decision rested on the Foreclosure Abuse Prevention Act (FAPA), the 2022 statute that tightened how long lenders in New York have to bring a foreclosure – and it went against the lender.

The story starts in October 2001. The borrower signed a note with D & M Financial Corp., backed by a mortgage on a Brooklyn property, and allegedly stopped paying that December. In May 2002, Olympus Servicing, L.P. – described in the decision as D & M’s alleged assignee – filed to foreclose…

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