
On Tuesday, May 3, 2022, the New York State Senate voted in favor of a bill intended to provide homeowners foreclosure relief. The bill, if signed into law, would overrule the New York State Court of Appeals’ February 2021 decision in Freedom Mortgage Corporation v. Engel. In Freedom Mortgage Corporation v. Engel, the Court of Appeals held that lenders could proceed with foreclosures and revive dormant cases, including those which homeowners thought they had won As such, Freedom Mortgage Corporation v. Engel has allowed for lenders to save money, while providing leverage over a homeowner facing foreclosure. Freedom Mortgage Corporation v. Engel also overturned various lower court decisions that invalidated a foreclosure suit if proceeding had not begun within six (6) years of initiating suit or if the lender failed to notify the borrowers it stopped seeking foreclosure.
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