Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06481
U.S. Bank N.A. v Rahman
Read the official decision: 2026 NY Slip Op 06481
Holding The court affirmed the dismissal of the foreclosure action as time-barred because the statute of limitations began running when the plaintiff accelerated the debt in a prior action. The court held that the Foreclosure Abuse Prevention Act prohibits a noteholder from unilaterally revoking a prior election to accelerate the debt.
The court’s words
the de-acceleration letter did not revoke the prior election to accelerate the debt
2026 NY Slip Op 06481, at the official text
a noteholder can no longer unilaterally revoke a prior election to accelerate the debt
2026 NY Slip Op 06481, at the official text
the plaintiff's arguments challenging FAPA's retroactive application and constitutionality are without merit
2026 NY Slip Op 06481, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06481 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06481 |
| 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 | 1776 |
Recommended citation
ESQ HQ, New York Law Watch, U.S. Bank N.A. v Rahman, 2026 NY Slip Op 06481 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06481/
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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