Nationstar Mtge., LLC v Fernandez

Holding The court affirmed the dismissal of the foreclosure action as time-barred and the cancellation of the mortgage, finding that the Foreclosure Abuse Prevention Act (FAPA) applied retroactively to preclude the plaintiff from using the CPLR 205(a) savings provision after a prior dismissal for neglect. The six-year statute of limitations began running upon the acceleration of the debt in the prior 2007 action, and the current action was commenced too late to be timely.

The court’s words

FAPA replaced the savings provision of CPLR 205(a) with CPLR 205-a in actions, like this one, upon instruments described in CPLR 213(4)

2026 NY Slip Op 05962, at the official text

FAPA specifically defines a dismissal pursuant to CPLR 3215 as a form of neglect that precludes a plaintiff from taking advantage of the six-month savings provision of CPLR 205(a)

2026 NY Slip Op 05962, at the official text

the six-year statute of limitations began to run on the entire debt in July 2007, when the plaintiff's predecessor in interest commenced the 2007 action and elected to call due the entire amount secured by the mortgage

2026 NY Slip Op 05962, at the official text

since the 2007 action was dismissed pursuant to CPLR 3215(c), the plaintiff is not entitled to the benefit of the six-months savings provision of CPLR 205-a

2026 NY Slip Op 05962, at the official text

there is no merit to the plaintiff's contention that FAPA does not apply retroactively

2026 NY Slip Op 05962, at the official text