Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04591
Deutsche Bank Natl. Trust Co. v Pulver
Read the official decision: 2026 NY Slip Op 04591
Holding The court affirmed the dismissal of the mortgage foreclosure action, holding that the Foreclosure Abuse Prevention Act (FAPA) applies retroactively to bar the action because the prior dismissal was due to neglect. The court further rejected constitutional challenges to FAPA and determined that a trial period plan did not reset the statute of limitations.
The court’s words
we conclude that CPLR 205-a, enacted as a part of FAPA, renders this action time-barred
2026 NY Slip Op 04591, at the official text
it has become settled law that it does apply retroactively
2026 NY Slip Op 04591, at the official text
the Trial Plan was not a loan modification agreement
2026 NY Slip Op 04591, at the official text
plaintiff is not entitled to any grace period
2026 NY Slip Op 04591, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04591 |
| Area of law | Mortgage Foreclosure |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04591 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 349 |
Recommended citation
ESQ HQ, New York Law Watch, Deutsche Bank Natl. Trust Co. v Pulver, 2026 NY Slip Op 04591 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04591/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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