Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05278
Ditech Fin., LLC v Epstein
Read the official decision: 2026 NY Slip Op 05278
Holding The Appellate Division affirmed the dismissal of the foreclosure action because the statute of limitations had expired, as the discontinuance of a prior 2007 action did not de-accelerate the mortgage debt. The court held that the Foreclosure Abuse Prevention Act (FAPA) was properly applied retroactively to bar the claim.
The court’s words
The discontinuance of the 2007 action did not de-accelerate the mortgage or revive or renew the statute of limitations
2026 NY Slip Op 05278, at the official text
U.S. Bank's contention challenging FAPA's retroactive application and constitutionality under the United States Constitution is without merit
2026 NY Slip Op 05278, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05278 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05278 |
| 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 | 476 |
Recommended citation
ESQ HQ, New York Law Watch, Ditech Fin., LLC v Epstein, 2026 NY Slip Op 05278 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05278/
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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