FAQ

Foreclosure and FAPA Frequently Asked Questions

Welcome to the Frequently Asked Questions page for foreclosure defense and the Foreclosure Abuse Prevention Act (FAPA) at James J. Quail & Associates, PC. We are committed to protecting homeowners and helping clients understand their legal options.

What is the Foreclosure Abuse Prevention Act (FAPA)?

FAPA is a New York State law that limits lenders from extending the statute of limitations on foreclosure actions. It prevents lenders from revoking the acceleration of mortgage or voluntarily discontinuing a foreclosure just to start over again. If more than six years have passed since the loan was accelerated, the foreclosure may be permanently barred.

Does FAPA apply to older cases?

Yes. FAPA applies retroactively. If your foreclosure was filed and then discontinued, or if the bank tried to reset the clock by sending a letter withdrawing the acceleration, you may still be protected under FAPA. The law was specifically designed to cover past abuse as well as current cases.

How do I know if my case qualifies under FAPA?

Your case may qualify if:

• The mortgage was accelerated more than six years ago
• The lender voluntarily discontinued the case or sent a letter attempting to withdraw the acceleration
• No new action was filed within six years of that initial acceleration

If you are unsure, our office can review your case history and court records to determine whether a dismissal can be sought.

What happens if the foreclosure is dismissed?

If the foreclosure is dismissed, we recommend filing a quiet title action to remove the mortgage lien from your property. This allows you to refinance or sell the property without any cloud on the title.

Can I fight a foreclosure if I am behind on payments?

Yes. There are many valid defenses to foreclosure, including:

• Lender misconduct
• Violation of federal or state mortgage servicing laws
• Incomplete or improper assignments
• Fraud or misrepresentation
• Statute of limitations issues

Our firm carefully examines each case to determine the best defense.

Do I qualify for a loan modification?

You may qualify for a loan modification if you can demonstrate a financial hardship or change in circumstances. This includes job loss, illness, reduced income, or even if your mortgage balance exceeds your home value. If a servicer or lender has denied you, we may still be able to obtain a modification for you. 

What are my options if I am in foreclosure?

Your options may include:

• Negotiating a loan modification
• Filing a motion to dismiss based on FAPA
• Selling the home before a foreclosure sale
• Deed in lieu of foreclosure
• Short sale
• Filing a bankruptcy petition (as a last resort)

What is a quiet title action and when do I need one?

A quiet title action is a lawsuit to remove a lien or cloud from your property title. After a foreclosure is dismissed, or if there is a dispute about who owns a property, a quiet title action ensures your ownership is clear and marketable.

Why choose James J. Quail & Associates?

We have reviewed thousands of foreclosure cases and achieved dismissals and favorable resolutions across New York. Our firm is highly experienced in FAPA litigation and proactive in using cutting-edge legal strategies to protect homeowners.

Is my first consultation free?

Yes. We offer a thirty minute free initial consultation to review your case, discuss your options, and provide a strategic plan. There is no obligation to retain us.

How do I get started?

Call us at (516) 246-2449 or fill out the contact form on our website to schedule your free consultation. 

You can also visit our office at:

• 5550 Merrick Road Suite 201 
• Massapequa, New York 11758