Article 13 LLC v. Ponce De Leon Fed. Bank

Summary

The court held that the Foreclosure Abuse Prevention Act applies retroactively to foreclosure actions in which a final judgment of foreclosure and sale had not been enforced. It also held that this retroactive application violates neither substantive nor procedural due process because the statute did not alter the limitations period, impaired no vested contractual right, served rational legislative purposes, and left noteholders a reasonable opportunity to bring timely actions. The court answered both certified questions accordingly.