New York’s Highest Court Strengthens Protections in Older Foreclosure Cases

What Article 13 LLC and Van Dyke May Mean for New York Homeowners

Recent developments from the New York Court of Appeals — New York's highest court — may have important consequences for homeowners facing older or repeatedly commenced foreclosure actions.

In November 2025, the Court decided the companion cases of Article 13 LLC v Ponce De Leon Federal Bank and Van Dyke v U.S. Bank, N.A. Together, the decisions confirmed that important provisions of New York's Foreclosure Abuse Prevention Act ("FAPA") can apply to foreclosure disputes involving conduct that occurred before the law was enacted.

Why Does This Matter?

New York generally has a six-year statute of limitations for mortgage foreclosure actions. Once a mortgage debt has been accelerated, that six-year period can become critically important.

For years, disputes arose over whether lenders could avoid the consequences of an earlier acceleration — for example, by discontinuing an old foreclosure or later arguing that the earlier acceleration was ineffective.

The Legislature enacted FAPA to address those practices. In Article 13 and Van Dyke, the Court of Appeals upheld the application of the new law to older foreclosure histories and rejected constitutional challenges to its retroactive application.

In practical terms, a lender may not necessarily be able to revive an otherwise untimely foreclosure simply by arguing that something it did years earlier did not count.

Old Foreclosure Cases Deserve a Careful Second Look

These decisions reinforce why the entire history of a mortgage and foreclosure action matters. When reviewing an older foreclosure, important questions can include when the debt was first accelerated, whether previous foreclosure actions were filed, how those actions ended and whether more than six years have passed.

At RS Dalley, PLLC Law Firm Firm, we examine more than the newest Summons and Complaint. The Firm reviews prior foreclosure actions, judgments, discontinuances, assignments, service, standing, required notices and other events that may affect whether the plaintiff presently has the legal right to foreclose.

For homeowners throughout the Bronx, Manhattan, Brooklyn, Queens, Westchester and Long Island, the Court of Appeals' decisions provide another reason not to assume that foreclosure is inevitable simply because a lender has filed — or refiled — an action.

Facing an old or repeatedly filed foreclosure? Schedule a consultation with the Firm to have the history of the case reviewed and determine what defenses may be available under current New York law.

This article is for general informational purposes only and does not constitute legal advice. Every foreclosure depends upon its particular facts and procedural history.