Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06101
Federal National Mortgage Association v Taylor
Read the official decision: 2026 NY Slip Op 06101
Holding The court affirmed the denial of the plaintiff’s motion to vacate a prior dismissal order because the subsequent foreclosure action was adjudicated time-barred. Under RPAPL 1301(4), this adjudication renders the earlier action barred by the statute of limitations as well.
The court’s words
Since the 2009 action and the 2018 action both sought to foreclose the same mortgage debt, the adjudication that the 2018 action is time-barred also renders the 2009 action "barred by the statute of limitations"
2026 NY Slip Op 06101, at the official text
the plaintiff's arguments challenging the retroactive application and constitutionality of the Foreclosure Abuse Prevention Act (FAPA) (L 2022, ch 821, § 8 [eff Dec. 30, 2022]) are without merit
2026 NY Slip Op 06101, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06101 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06101 |
| 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 | 1366 |
Recommended citation
ESQ HQ, New York Law Watch, Federal National Mortgage Association v Taylor, 2026 NY Slip Op 06101 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06101/
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.
Read how Law Watch works