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New York Enacts Foreclosure Abuse Prevention Act

Troutman Sanders

On December 30, 2022, New York Governor Kathy Hochul signed the Foreclosure Abuse Prevention Act (FAPA) into law. The Engel decision allowed lenders and servicers to voluntarily pause the statute of limitations on foreclosures and reserve the right to restart the action again, as long as it was done within six years. Engel , 37 N.Y.3d

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Forbearance of Foreclosure? How to Keep Your Credit and Homeownership Intact

Credit Corp

Amidst the chaos of the pandemic, federal and state governments have made efforts to protect against the financial strain U.S. consumers are enduring—including mortgage payment forbearance of foreclosure. Federally backed mortgages are protected against foreclosure through December 31, 2020. What Is a Forbearance?

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NY State Senate Passes Foreclosure Abuse Prevention Act

Troutman Sanders

On May 3, the New York State Senate passed S5473D (Bill), which will apply immediately in all actions “in which a final judgment of foreclosure and sale has not been enforced.” ( See S5473D at Section 10.) 3d 1 (2021), and retroactively annul lenders’ longstanding right to revoke their option to accelerate mortgage loans after default.

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US RMBS Loan Delinquencies Remain Stable; Foreclosures Edge Upward

Collection Industry News

Fitch Ratings-New York-15 July 2022: Borrowers continue to work with their servicers post-forbearance to avoid loan default, according to Fitch Ratings’ 1Q22 U.S. The sole metric showing stress is in the foreclosure category, which rose marginally to 2% from 1% and to 3% from 2% for bank and non-bank servicers, respectively.

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Forbearance or Foreclosure? How to Keep Your Credit and Homeownership Intact

Credit Corp

Amidst the chaos of the pandemic, federal and state governments have made efforts to protect against the financial strain U.S. consumers are enduring—including mortgage payment forbearance of foreclosure. Federally backed mortgages are protected against foreclosure through December 31, 2020. What Is a Forbearance?

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 6 – Considerations for the Appointment of a Receiver During Commercial Foreclosures

Jimerson Firm

As discussed in parts 1-4 of this series, lenders have several options prior to instituting a commercial foreclosure action. Additionally, as briefly discussed in part 5 of this series, during the foreclosure action, lenders have options to try to preserve the value of the underlying collateral and to minimize further losses.

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Coronavirus Mortgage Relief: What Homeowners Need to Know

Credit Corp

In 2020, the federal government signed the Coronavirus Aid, Relief and Economic Security Act into law. The CARES Act was the first act passed by the federal government to provide financial relief to businesses and individuals in light of the economic strain caused by the COVID-19 pandemic. The first was a foreclosure moratorium.