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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
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05278
Area of lawMortgage Foreclosure · Real Property
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05278
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id476

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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Published September 16, 2026. Updated September 16, 2026.