Van Dyke v. U.S. Bank, Natl. Assn.

Summary

The New York Court of Appeals held that the Foreclosure Abuse Prevention Act’s §§4, 7, and 8 apply retroactively, do not violate the Due Process or Contract Clauses of the U.S. Constitution, and that §7 estops the defendant from challenging the validity of a prior loan acceleration. Accordingly, the six‑year limitations period was deemed expired and the lower court’s judgment cancelling the mortgage was affirmed.