N.Y. C.P.L.R. § 213

Section 213(2) gives a breach of contract claim six years from the date of the alleged breach.

Corporate Universe, Inc. v. Emry Capital Group, Inc. · filed 2023-08-31(2)

In New York, the statute of limitations for a breach of contract claim is six years from the date the alleged breach occurred.

Section 213(2) gives a plaintiff six years to bring a breach of contract action; a defective construction claim accrues when the contractor completes performance.

St. Hillaire v. Torres · filed 2024-07-03(2)

A cause of action sounding in breach of contract is governed by a six-year statute of limitations ( see CPLR 213[2]). "A claim against a contractor for damages arising from defective construction accrues, for limitations purposes, upon completion of performance under the contract" ( Starakis v Baker , 121 AD3d 669, 671; see Kamath v Building New Lifestyles, Ltd. , 146 AD3d 765, 766).

Section 213(2) gives a breach-of-contract claim six years from the breach to be filed.

Filasky v. Andover Cos. · filed 2024-09-25(2)

The statute of limitations for a cause of action alleging breach of contract is six years ( see id. § 213[2]). ... Rather, the causes of action accrued on the date of the alleged breach and fraudulent conduct. The plaintiffs alleged that the breach and fraudulent conduct occurred on January 27, 2016, the date the inspection allegedly took place. Accordingly, the action is not time-barred.

Section 213(2) gives breach of contract claims a six-year limitations period that begins when the contract is breached.

Exist, Inc. v. Tokio Marine America Insurance Company · filed 2025-01-21(2)

In New York, breach of contract claims are subject to a six-year statute of limitations and accrue when the contract is breached. N.Y. C.P.L.R. § 213(2). Because Exist filed its suit within six years of the accrual date, its claim is timely.

Section 213(2) gives a party six years to bring a breach of contract claim for unpaid sums.

Matter of Borgia v. SCO Family of Servs. · filed 2025-03-26(2)

The petitioners' claim that SCO failed to pay sums due under the agreement is subject to the six-year statute of limitations applicable to breach of contract causes of action ( see CPLR 213[2]; Kimso Apts., LLC v Gandhi , 129 AD3d 670, 672).

Section 213(2) gives breach-of-contract claims a six-year limitations period.

Actava TV, Inc. v. Joint Stock Company "Channel One Russia Worldwide" · filed 2025-05-08(2)

Therefore, the Amended Counterclaim is untimely because it fell outside of the six-year statute of limitations on breach of contract claims.

Section 213(2) gives a breach of contract claim a six-year limitations period.

Board of Mgrs. of Top of the Ridge Condominiums v. Uhlfelder · filed 2025-07-02(2)

A breach of contract cause of action is subject to a six-year statute of limitations ( see CPLR 213[2]).

Section 213(2) sets a six-year limitations period for breach-of-contract claims.

Aretakis v. CPEX Real Estate, LLC · filed 2026-02-04(2)

The Supreme Court properly directed dismissal of the cause of action alleging breach of contract as time-barred to the extent that it was based on the CPEX defendants' acts during the period of the brokerage commission agreement ( see CPLR 213[2]; Filasky v Andover Cos. , 230 AD3d 1297, 1300).

Section 213(4)’s six-year period does not begin to run on an entire installment mortgage debt upon default unless the debt becomes due or the lender clearly elects to accelerate it.

Wells Fargo Bank, N.A. v. Breuer · filed 2022-03-23(4)

Contrary to the special referee's determination, the Breuers failed to demonstrate, prima facie, that the statute of limitations began to run on JP Morgan's entire claim at the time of the Breuers' initial default in 2010. A letter introduced into evidence during the hearing, in which JP Morgan informed the Breuers of its intent to accelerate the maturity of the loan and to commence foreclosure proceedings if the Breuers' default was not cured, was not sufficient to accelerate the debt, because it did not reflect a "clear and unequivocal" election to accelerate ( Sarva v Chakravorty , 34 AD3d 438, 439), but rather, merely "discuss[ed] acceleration as a possible future event" ( 21st Mtge. Corp. v Adames , 153 AD3d 474, 475; see HSBC Bank USA, N.A. v King , 193 AD3d 694, 695).

Section 213(4)'s six-year period begins to run on the entire mortgage debt when the lender commences a foreclosure action that accelerates it, even if the complaint is later dismissed for failure to serve the borrower.

Federal Natl. Mtge. Assn. v. Woolstone · filed 2021-07-14(4)

In this mortgage foreclosure action, in support of that branch of his motion which was to dismiss the complaint as time-barred, the defendant Pinchos Woolstone (hereinafter the defendant) established that the six-year statute of limitations ( see CPLR 213[4]) began to run on the entire debt in January 2010, when the plaintiff commenced an action (hereinafter the prior action) to foreclose the mortgage ( see Milone v US Bank N.A. , 164 AD3d 145, 152). ... Contrary to the plaintiff's contention, the fact that the complaint in the prior action was dismissed as against the defendant for failure to effectuate personal service upon him does not invalidate the plaintiff's election to exercise its right to accelerate the maturity of the underlying debt ( see Albertina Realty Co. v Rosbro Realty Corp. , 258 NY 472, 476; MSMJ Realty, LLC v DLJ Mtge. Capital, Inc. , 157 AD3d 885, 887; Beneficial Homeowner Serv. Corp. v Tovar , 150 AD3d 657, 658).

A purported acceleration by an entity that never received the note does not start the six-year limitations period on the entire mortgage debt.

EMC Mortgage Corp. v. Suarez · filed 2008-03-11(4)

Accordingly, the purported acceleration was a nullity and the six-year statute of limitations, which ordinarily would commence running on the date of acceleration (see Clayton Natl. v Guldi, 307 AD2d 982 [2003]; Lavin v Elmakiss, 302 AD2d 638 [2003]; EMC Mtge. Corp. v Patella, 279 AD2d 604 [2001]), did not begin to run on the entire debt at that time.

Section 213(4)'s limitation period for mortgage foreclosure begins to run when an unpaid installment is due, when the mortgagee may demand full payment, or when the debt is accelerated.

Plaia v. Safonte · filed 2007-11-20(4)

The statute of limitations in a mortgage foreclosure action begins to run from the due date for each unpaid installment, or from the time the mortgagee is entitled to demand full payment, or from the date the mortgage debt has been accelerated (see Zinker v Makler, 298 AD2d 516, 517 [2002]; Notarnicola v Lafayette Farms, 288 AD2d 198, 199 [2001]; EMC Mtge. Corp. v Patella, 279 AD 2d 604, 605 [2001]; Loiacono v Goldberg, 240 AD2d 476, 477 [1997]).

Section 213(4) requires an action to foreclose a mortgage to be commenced within six years.

Baecher v. Baecher · filed 1980-11-24(4)

Thus, the action to foreclose the second mortgage is barred by the applicable Statute of Limitations (see CPLR 213, subd 4).

Section 213(4) imposes a six-year limitations period for mortgage foreclosure actions.

Big Chief Lewis, Inc. v. Stim · filed 1984-01-16(4)

The mortgage in this case was due and payable on December 31,1967. The Statute of Limitations expired six years later, on December 31,1973 (CPLR 213, subd 4).

Section 213(4) provides a six-year limitations period for mortgage foreclosure actions.

Aleci v. Virgie E. Tinsley's Enterprises, Inc. · filed 1984-06-04(4)

Since the earliest of these writings was dated April 15, 1978, the instant action, commenced in April, 1982, was well within the six-year period of limitations contained in CPLR 213 (subd 4).

Section 213(4) gives six years to bring an action on a contractual obligation secured by a mortgage.

Khoury v. Alger · filed 1991-06-20(4)

Therefore, since it is conceded that no payments were made after September 1, 1982 and the action was commenced on September 28, 1989, it is clear that the installments due from September 1, 1982 to September 1, 1983 are barred by the six-year Statute of Limitations (see, CPLR 213 [4]).

Section 213(4)'s six-year limitations period does not bar the United States from foreclosing on the mortgage.

Westnau Land Corp. v. United States Small Business Administration · filed 1992-03-05(4)

Therefore, § 213(4) does not bar defendant from seeking to foreclose on the mortgage.

Section 213(4) requires a mortgage foreclosure action to be brought within six years, subject to a limitations period that can run anew after a qualifying promise to pay.

Petito v. Piffath · filed 1993-12-06(4)

We find, however, that the defendant Piffath’s stipulation with the original mortgagee, wherein the defendant Piffath agreed to pay the full amount due in exchange for the assignment of the mortgage and note to his brother, amounted to a promise to pay a mortgage debt, made after the accrual of a right of action to foreclose the mortgage, thereby causing the Statute of Limitations to run anew (see, General Obligations Law § 17-105; Aleci v Tinsley’s Enters., 102 AD2d 808). The plaintiff’s action to foreclose was therefore timely (see, CPLR 213 [4]).

Section 213 gives foreclosure claims a six-year limitations period, with installments accruing separately unless the mortgage debt is accelerated.

Mertz Trust v. Fox Meadow Partners, Ltd. · filed 2001-11-19

Furthermore, the Supreme Court properly determined that Action No. 2 is not time-barred. Where, as here, a mortgage is payable in installments, there are “separate causes of action for each installment accrued, and the Statute of Limitations [begins] to run, on the date each installment [becomes] due” (Pagano v Smith, 201 AD2d 632, 633; see also, Loiacono v Goldberg, 240 AD2d 476; Khoury v Alger, 174 AD2d 918). Although acceleration of the mortgage will trigger the Statute of Limitations against the entire debt (see, Loiacono v Goldberg, supra), here acceleration of the mortgage debt was at the option of the Trust, and the Trust did not exercise that option. Accordingly, recovery of installments due within six years of the commencement of Action No. 2, including the installment due upon the recording of the deed conveying lot five to Pepe, are not time-barred (see, Reliance Fed. Sav. Bank v Altman, 269 AD2d 380; Loiacono v Goldberg, supra; Pagano v Smith, supra).

Section 213(4) gives a mortgagee six years from the mortgage debt’s final due date to commence foreclosure.

Zinker v. Makler · filed 2002-10-21(4)

In this case, the mortgage contained a final payment provision which stated that the entire debt must be paid by November 1, 1992. Thus, under CPLR 213 (4), the mortgagee had until November 1, 1998, to commence a foreclosure action against the appellants.

Section 213(4) imposes a six-year statute of limitations on an action to foreclose a mortgage.

Koeppel v. Carlandia Corp. · filed 2005-09-06(4)

We agree with the Supreme Court that this action is barred by the six-year statute of limitations applicable to an action to foreclose a mortgage (see CPLR 213 [4]). The six-year statute of limitations began to run upon the acceleration of the mortgage debt (see Notarnicola v Lafayette Farms, 288 AD2d 198 [2001]; EMC Mtge. Corp. v Patella, 279 AD2d 604 [2001]; Loiacono v Goldberg, 240 AD2d 476, 477 [1997]; see also Federal Natl. Mtge. Assn. v Mebane, 208 AD2d 892 [1994]; Thompson v Willson, 183 Misc 949, 952 [1944], affd 269 App Div 829 [1945]), and expired before the commencement of this action on May 21, 2003.

Section 213 provides a six-year statute of limitations for breach of contract and unjust enrichment claims.

LaSala v. Needham & Co., Inc. · filed 2005-10-11(1), (2)

New York has a six-year statute of limitations for breach of contract and unjust enrichment claims. See Francis v. Blaikie Group, 372 F.Supp.2d 741, 744 n. 6 (S.D.N.Y.2005) (breach of contract, citing N.Y. C.P.L.R. § 213(2)); Golden Pacific Bancorp v. F.D.I.C., 273 F.3d 509, 518 (2d Cir.2001) (unjust enrichment, citing N.Y. C.P.L.R. § 213(1)).

Section 213(4) requires an action to enforce or foreclose on a mortgage note to be commenced within six years.

63-65 Corp. v. Prevosti · filed 2006-04-04(4)

On or about March 12, 2004, the plaintiff commenced this action, seeking to cancel and discharge the note and mortgage pursuant to RPAPL 1501 (4) on the ground that the six-year statute of limitations (see CPLR 213 [4]) to enforce or foreclose on the note and mortgage had expired. ... Therefore, the defendant’s timely interposition of this claim to recover on the debt refutes as a matter of law the plaintiffs argument that no such claim was asserted within the six-year statute of limitations.

CPLR 213(4) sets a six-year limitations period for commencing a mortgage foreclosure action.

JBR Construction Corp. v. Staples · filed 2010-03-23(4)

Here, the plaintiff property owner made a prima facie showing of its entitlement to judgment as a matter of law declaring that the subject mortgage is invalid by establishing that a foreclosure action commenced by the defendant mortgagee in 2001 was dismissed by this Court as abandoned pursuant to CPLR 3215 (c) (see Staples v Jeff Hunt Devs., Inc., 56 AD3d 459 [2008]), and that the commencement of a new foreclosure action would be time-barred by the applicable six-year statute of limitations (see CPLR 213 [4]; LePore v Shaheen, 32 AD3d 1330, 1331 [2006]; Corrado v Petrone, 139 AD2d 483 [1988]; see also Piala v Safante, 45 AD3d 747 [2007]; Zinker v Mahler, 298 AD2d 516 [2002]).

Section 213(4) gives a mortgage foreclosure claim six years; when an installment mortgage has not been accelerated, the period runs separately from the due date of each installment.

Wells Fargo Bank, N.A. v. Cohen · filed 2011-01-25(4)

However, the mortgage and note do not provide that the entire debt represented by the mortgage was to be automatically accelerated upon the borrower’s default in an installment payment, nor did the plaintiff ever exercise its option under the note to accelerate the debt. Therefore, the statute of limitations for the commencement of a foreclosure action did not expire six years after the June 2000 default (see CPLR 213 [4]).

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions.

Torah v. Dell Equity, LLC · filed 2011-12-13(4)

Here, although the Supreme Court properly concluded that this action was one to foreclose on a mortgage pursuant to RPAPL article 13, which has a six-year statute of limitations (see CPLR 213 [4]), and not, as alleged in the complaint, one pursuant to RPAPL article 15, it erred in granting that branch of the defendants’ motion which was to dismiss the complaint insofar as asserted against them on the ground that the action was time-barred. The defendants failed to establish, prima facie, the accrual date of the foreclosure cause of action (see Romanelli v Disilvio, 76 AD3d 553, 555 [2010]).

Section 213(4) allows a mortgage foreclosure action to recover unpaid installments due within six years before the action began.

Wells Fargo Bank, N.A. v. Burke · filed 2012-04-17(4)

As a general matter, an action to foreclose a mortgage may be brought to recover unpaid sums which were due within the six-year period immediately preceding the commencement of the action (see CPLR 213 [4]).

CPLR 213(4) imposes a six-year limitations period on mortgage foreclosure actions, measured here from the mortgage and note’s maturity date.

Yuzary v. WCP Wireless Lease Subsidiary LLC · filed 2012-04-26(4)

Plaintiff failed to establish his entitlement to summary judgment since the maturity date of the mortgage and note at issue was February 15, 1992 and his submissions raised questions of fact as to whether this action for foreclosure was timely commenced (CPLR 213 [4]; see CDR Créances S.A. v Euro-American Lodging Corp., 43 AD3d 45, 51 [2007]).

Section 213(4) sets a six-year limitations period for commencing a mortgage foreclosure action.

Caliguri v. JPMorgan Chase Bank, N.A. · filed 2014-10-29(4)

In opposition to the motion of JPMorgan Chase to dismiss the complaint, the plaintiff failed to establish that the foreclosure action commenced by JPMorgan Chase against him in 2009 was dismissed on the merits (see JBR Constr. Corp. v Staples, 71 AD3d 952 [2010]), and that the commencement of a new foreclosure action would be time-barred by the applicable six-year statute of limitations (see CPLR 213 [4]; LePore v Shaheen, 32 AD3d 1330, 1331 [2006]; Corrado v Petrone, 139 AD2d 483 [1988]; see also Plaia v Safonte, 45 AD3d 747 [2007]; Zinker v Makler, 298 AD2d 516 [2002]).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period, whose expiration can prevent recommencement after dismissal without prejudice.

Bayview Loan Servicing, LLC v. Martano · filed 2015-09-30(4)

Rather, it appears that the plaintiff may have been prejudiced by the 17-month delay between the default and the dismissal of the action based upon that default, during which the six-year statute of limitations (see CPLR 213 [4]) expired, precluding the plaintiff from recommencing the action, despite the fact that the action was dismissed without prejudice.

Section 213(4) permits a foreclosure action to recover unpaid mortgage sums due within the six years before the action began.

Nationstar Mortgage, LLC v. Weisblum · filed 2016-10-19(4)

The Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint as time-barred. “As a general matter, an action to foreclose a mortgage may be brought to recover unpaid sums which were due within the six-year period immediately preceding . . . the action” (Wells Fargo Bank, N.A. v Burke, 94 AD3d 980, 982 [2012]; see CPLR 213 [4]).

Section 213(4) gives a lender six years after accelerating a mortgage debt to commence foreclosure.

Kashipour v. Wilmington Sav. Fund Socy., FSB · filed 2016-11-23(4)

Here, the plaintiffs submitted proof that the mortgage debt was accelerated on August 20, 2009, and thus the six-year statute of limitations for an action to foreclose the mortgage had expired by the time the instant action was commenced on September 3, 2015.

Section 213(4) gives a mortgage foreclosure action six years from acceleration of the mortgage debt.

Wells Fargo Bank, N.A. v. Eitani · filed 2017-02-08(4)

As a general matter, an action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; Yeshiva Chasdei Torah v Dell Equity, LLC, 90 AD3d 746, 746). Here, Cohan met his prima facie burden by demonstrating that the statute of limitations began to run in October or November 2005, when Argent, Wells Fargo's predecessor in interest, accelerated the mortgage debt owed by the defendant Eitani ( see Wells Fargo Bank, N.A. v Burke, 94 AD3d 980, 982; Koeppel v Carlandia Corp., 21 AD3d 884, 884; EMC Mtge. Corp. v Smith, 18 AD3d 602, 603; Clayton Natl. v Guldi, 307 AD2d 982, 982), and that the instant action was commenced in November 2013, more than six years later.

A mortgage foreclosure action must be commenced within six years after the entire mortgage debt is accelerated.

Deutsche Bank National Trust Co. v. Royal Blue Realty Holdings, Inc. · filed 2017-03-16(4)

The motion court properly determined that the actions are time-barred since they were commenced more than six years from the date that all of the debt on the mortgages was accelerated (CPLR 213 [4]).

Section 213(4) gives a mortgagee six years to bring a foreclosure action; when a clear notice accelerates the loan after the cure period expires, the period runs on the entire debt.

Costa v. Deutsche Bank National Trust Co. · filed 2017-03-30(4)

Plaintiffs have established that there is no genuine dispute of material fact that more than six years have passed since the accrual of Defendants’ instant foreclosure action. And Defendants have identified no valid basis for tolling or renewing the statute of limitations for foreclosure. The Court thus finds that the instant foreclosure counterclaim by Defendants, as well as any future such actions, are time-barred as a matter of law under CPLR § 213.

Section 213(4) does not bar foreclosure of an unaccelerated installment mortgage, but limits recovery to installments due within six years before the action began.

Nationstar Mortgage, LLC v. MacPherson · filed 2017-04-03(4)

Contrary to the first affirmative defense, the instant foreclosure action is not time-barred (see CPLR 213 [4]). ... However, the plaintiff’s recovery is limited to only those unpaid installments which accrued after September 17, 2008, that is, the six-year period immediately preceding the commencement of this action (see EMC Mtge. Corp. v Suarez, 49 AD3d 592 [2d Dept 2008]; see also Wells Fargo Bank, N.A. v Cohen, 80 AD3d at 754; Loiacono v Goldberg, 240 AD2d 476, 477 [2d Dept 1997]; See v Ach, 56 AD3d 457 [2d Dept 2008]).

Section 213(4) gives a lender six years from acceleration of a mortgage debt to bring a foreclosure action unless the acceleration is validly revoked.

Deutsche Bank National Trust Co. Americas v. Bernal · filed 2017-05-05(4)

A foreclosure action is subject to a six-year statute of limitations (see CPLR 213 [4]). ... The court concludes the mortgage debt at issue in this action was accelerated by the filing of a summons and complaint on July 14, 2009. The acceleration was never validly revoked. Therefore, this action, filed on December 2, 2015, is barred by the statute of limitations and therefore, defendant’s motion to dismiss the complaint should be granted.

CPLR 213(4) gives a lender six years to commence a mortgage foreclosure action after accelerating the debt.

U.S. Bank National Ass'n Ex Rel. Home Equity Asset Trust 2005-7 v. Barnett · filed 2017-06-07(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations (see CPLR 213 [4]). ... Here, in support of her cross motion, the defendant submitted proof that the mortgage debt was accelerated on May 15, 2007, when the plaintiff commenced the first action to foreclose the subject mortgage. Thus, the six-year limitations period ... expired prior to the commencement of the instant action on July 9, 2013.

Under § 213(4), a foreclosure complaint accelerating the mortgage debt starts the six-year limitations period for the entire debt.

NMNT Realty Corp. v. Knoxville 2012 Trust · filed 2017-06-28(4)

This established that the mortgage debt was accelerated on or about July 27, 2006, the date on which the earlier foreclosure action was commenced, and thus, that the applicable six-year statute of limitations had expired by the time the plaintiff commenced the instant action on May 16, 2013.

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions.

53 PL Realty, LLC v. US Bank National Ass'n · filed 2017-08-30(4)

An action to foreclose a mortgage has a six-year statute of limitations (see CPLR 213 [4]; Wells Fargo Bank, N.A. v Eitani, 148 AD3d 193, 197 [2017]; Kashipour v Wilmington Sav. Fund Socy., FSB, 144 AD3d at 986; Wells Fargo Bank, N.A. v Burke, 94 AD3d 980, 982 [2012]; Clayton Natl. v Guldi, 307 AD2d 982 [2003]).

The six-year limitations period for mortgage foreclosure begins when the mortgage debt is accelerated.

Deutsche Bank National Trust Co. v. Gambino · filed 2017-09-13(4)

In support of her motion, Gambino demonstrated that the six-year statute of limitations (see CPLR 213 [4]) began to run on January 7, 2009, when the plaintiff accelerated the mortgage debt and commenced the prior foreclosure action (see U.S. Bank N.A. v Martin, 144 AD3d 891, 891-892 [2016]; PSP-NC, LLC v Raudkivi, 138 AD3d 709, 710-711 [2016]; EMC Mtge. Corp. v Smith, 18 AD3d 602, 603 [2005]). Since the plaintiff did not commence the instant action until more than six years after January 7, 2009, Gambino sustained her initial burden of demonstrating, prima facie, that this action was untimely.

Section 213(4)’s six-year period for foreclosing a mortgage begins to run on the entire debt when the mortgage is accelerated.

Stewart Title Insurance Co. v. Bank of New York Mellon · filed 2017-10-04(4)

Acceleration of a mortgage starts running the six-year statute of limitations as to the entire debt (see CPLR 213 [4]; NMNT Realty Corp. v Knoxville 2012 Trust, 151 AD3d 1068, 1069 [2017]; Nationstar Mtge., LLC v Weisblum, 143 AD3d at 867; EMC Mtge. Corp. v Patella, 279 AD2d at 605).

Section 213(4) gives a mortgage foreclosure plaintiff six years from acceleration of the debt to commence an action.

Bank of New York Mellon v. Slavin · filed 2017-12-14(4)

Thus, defendant, as the proponent for summary judgment, carried her prima facie burden of establishing that the second action was time-barred as it was commenced in 2015, more than six years beyond the acceleration of the debt ( see CPLR 213 [4]; Phillips v Dweck , 300 AD2d 969, 969 [2002]; Firth v State of New York , 287 AD2d 771, 771-772 [2001], affd 98 NY2d 365 [2002]).

Section 213(4) sets a six-year limitations period for an action to foreclose a mortgage.

MSMJ Realty, LLC v. DLJ Mtge. Capital, Inc. · filed 2018-01-24(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]).

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions.

Deutsche Bank Natl. Trust Co. v. Adrian · filed 2018-01-31(4)

A mortgage foreclosure action is subject to a six-year statute of limitations ( see CPLR 213[4]; NMNT Realty Corp. v Knoxville 2012 Trust, 151 AD3d 1068, 1069).

Section 213(4) gives a mortgage foreclosure action six years from acceleration of the debt; the day of acceleration is excluded when calculating the deadline.

Nationstar Mtge. LLC v. Islam · filed 2018-02-20(4)

The applicable six- year limitations period commenced upon filing of the 2009 action ( see CDR Créances S.A. v Euro—American Lodging Corp. , 43 AD3d 45, 51 [1st Dept 2007]). The instant action was commenced with the filing of a complaint on October 29, 2015, which, excluding the day upon which the prior action was commenced ( see General Construction Law § 20; Turner v City of New York , 94 AD3d 635, 636 [1st Dept 2012]; Tismer v New York Edison Co. , 228 NY 156, 163-164 [1920]) was within the applicable six-year statute of limitations (CPLR 213[4]).

Section 213(4) gives a lender six years from acceleration of a mortgage to commence a foreclosure action.

HSBC Bank USA v. Kirschenbaum · filed 2018-03-15(4)

The mortgage was accelerated on August 3, 2009 when plaintiff commenced the first foreclosure action, the statute of limitations expired on August 3, 2015 ( see CPLR 213[4]), and plaintiff did not file this action until August 27, 2015.

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; once the debt is accelerated, that period runs on the entire debt.

U.S. Bank N.A. v. Joseph · filed 2018-03-28(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Once a mortgage debt is accelerated, however, the statute of limitations begins to run on the entire debt ( see Amrusi v Nwaukoni, 155 AD3d 814; Stewart Tit. Ins. Co. v Bank of N.Y. Mellon, 154 AD3d 656, 659; Beneficial Homeowner Serv. Corp. v Tovar, 150 AD3d 657, 658).

Section 213(4) sets a six-year limitations period for an action to foreclose a mortgage.

Lubonty v. U.S. Bank N.A. · filed 2018-03-28(4)

An action to foreclose a mortgage has a six-year statute of limitations ( see CPLR 213[4]).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period that begins when the mortgagee or its predecessor elects to accelerate the mortgage.

DLJ Mtge. Capital, Inc. v. Hirsh · filed 2018-05-16(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). [*2]That limitations period begins to run when the mortgagee or its predecessor elects to accelerate the mortgage ( see U.S. Bank, N.A. v Martin, 144 AD3d 891, 891-892; EMC Mtge. Corp. v Smith, 18 AD3d 602; Loiacono v Goldberg, 240 AD2d 476, 477).

Section 213(4) gives a lender six years to commence a foreclosure action after it accelerates the mortgage debt.

Freedom Mtge. Corp. v. Engel · filed 2018-07-11(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendant established that the six-year statute of limitations began to run on the entire debt on July 16, 2008, when the plaintiff accelerated the mortgage debt by commencing the prior foreclosure action ( see NMNT Realty Corp. v Knoxville 2012 Trust , 151 AD3d at 1070; EMC Mtge Corp. v Smith , 18 AD3d 602, 603; EMC Mtge. Corp. v Patella , 279 AD2d at 605).

Section 213(4) requires an action on a mortgage or a note secured by a mortgage to be commenced within six years.

Bank of N.Y. Mellon v. Celestin · filed 2018-08-22(4)

An action upon a bond or note, the payment of which is secured by a mortgage upon real property, or upon a bond or note and mortgage so secured, or upon a mortgage of real property, or any interest therein, must be commenced within six years ( see CPLR 213[4]; U.S. Bank N.A. v Gordon, 158 AD3d at 834; Deutsche Bank Natl. Trust Co. v Gambino, 153 AD3d 1232, 1234).

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions.

Yadegar v. Deutsche Bank Natl. Trust Co. · filed 2018-08-29(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]; Lubonty v U.S. Bank N.A. , 159 AD3d at 963). ... Here, the plaintiff met her prima facie burden for summary judgment on her complaint by establishing that the commencement of a new foreclosure action would be time-barred by the applicable six-year statute of limitations ( see U.S. Bank N.A. v Martin , 144 AD3d 891, 891; JBR Constr. Corp. v Staples , 71 AD3d 952, 953).

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions.

Karpa Realty Group, LLC v. Deutsche Bank Natl. Trust Co. · filed 2018-08-29(4)

An action to foreclose a mortgage has a six-year statute of [*2]limitations ( see CPLR 213[4]; Lubonty v U.S. Bank N.A. , 159 AD3d at 963).

Section 213(4) gives a lender six years to commence a mortgage foreclosure action.

21st Mtge. Corp. v. Nweke · filed 2018-10-03(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; NMNT Realty Corp. v Knoxville 2012 Trust , 151 AD3d 1068, 1069).

Section 213(4)'s six-year limitations period does not begin to run on the entire mortgage debt when a lender warns that it may accelerate the debt in the future.

Ditech Fin., LLC v. Corbett · filed 2018-11-16(4)

We reject defendants' contention that a January 2010 letter to defendants from plaintiff's predecessor in interest accelerated the debt and thus that the statute of limitations began to run on the entire debt at that time. The 2010 letter, which, among other things, advised defendants of their default and of the lender's intention to accelerate the debt in the future if certain preconditions were not met, "falls far short of providing clear and unequivocal notice to defendants that the entire mortgage debt was being accelerated" ( Goldman Sachs Mtge. Co. v Mares , 135 AD3d 1121, 1122 [3d Dept 2016]; see FBP 250, LLC v Wells Fargo Bank, N.A. , 164 AD3d 1307, 1309 [2d Dept 2018]; see generally Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 983 [2d Dept 2012]).

Section 213(4) gives a mortgage foreclosure action six years, with the limitations period for the entire debt beginning when the mortgagee elects to accelerate it.

Ventures Trust 2013-I-H-R v. Chitbahal · filed 2018-12-05(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). That limitations period begins to run on the entire debt when the mortgagee elects to accelerate the mortgage ( see U.S. Bank, N.A. v Martin , 144 AD3d 891, 891-892; EMC Mtge. Corp. v Smith , 18 AD3d 602; Loiacono v Goldberg , 240 AD2d 476, 477).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; when the debt is accelerated, the period runs on the entire debt from acceleration.

U.S. Bank Trust, N.A. v. Aorta · filed 2018-12-12(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendant demonstrated that the six-year statute of limitations began to run on May 13, 2008, when the plaintiff's predecessor in interest accelerated the mortgage debt through its commencement of the 2008 action ( see Freedom Mtge. Corp. v Engel , 163 AD3d 631, 632-633; U.S. Bank N.A. v Martin , 144 AD3d 891, 891-892). Since the plaintiff did not commence the instant action until August 11, 2014, more than six years after May 13, 2008, the defendant established, prima facie, that the instant action was untimely ( see Freedom Mtge. Corp. v Engel , 163 AD3d at 633; NMNT Realty Corp. v Knoxville 2012 Trust , 151 AD3d at 1070; Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d at 987).

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions.

21st Mtge. Corp. v. Osorio · filed 2018-12-19(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]).

Section 213(4) gives a mortgagee six years from acceleration of the mortgage debt to commence a foreclosure action on the entire debt.

Gustavia Home, LLC v. Hoyer · filed 2019-01-24(4)

Because Plaintiff commenced this action well within six years from June 28, 2016-the date on which the mortgage was accelerated-the Court rejects Defendants' statute-of-limitations argument.

Section 213(4) gives a lender six years from acceleration of a mortgage debt to commence a foreclosure action.

Vargas v. Deutsche Bank Natl. Trust Co. · filed 2019-01-31(4)

The motion court correctly determined that defendant was time-barred from commencing a foreclosure action against plaintiff's mortgaged property because more than six years had passed from the date that the debt on the mortgage was accelerated (CPLR 213[4]).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period that begins to run on the entire debt when the mortgage debt is accelerated.

Halfon v. U.S. Bank, Natl. Assn. · filed 2019-02-06(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]; Lubonty v US Bank N.A. , 159 AD3d at 962; NMNT Realty Corp. v Knoxville 2012 Trust , 151 AD3d 1068, 1069). "[E]ven if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt" ( Lubonty v US Bank N.A. , 159 AD3d at 963 [internal quotation marks omitted]; see Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d 985, 986).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; accelerating the debt starts that period for the entire balance.

Bank of N.Y. Mellon v. Craig · filed 2019-02-06(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendant established that the six-year statute of limitations began to run on the entire debt on April 21, 2008, the date the plaintiff accelerated the mortgage debt by commencing the prior action ( see Freedom Mtge. Corp. v Engel , 163 AD3d 631, 632-633; NMNT Realty Corp. v Knoxville 2012 Trust , 151 AD3d at 1070; see also Milone v US Bank N.A. , 164 AD3d at 152-153).

A mortgage foreclosure action must be commenced within six years after the mortgagee becomes entitled to demand full payment.

McNeary v. Charlebois · filed 2019-02-28(4)

As relevant here, the six-year statute of limitations applicable to a mortgage foreclosure action begins to run on the date on which the mortgagee is entitled to demand full payment of the loan ( see CPLR 213 [4]; Pidwell v Duvall , 28 AD3d 829, 831 [2006]; Saini v Cinelli Enters. , 289 AD2d 770, 771 [2001], lv denied 98 NY2d 602 [2002]).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period; a letter discussing possible future acceleration does not itself accelerate the loan.

North Shore Invs. Realty Group, LLC v. Traina · filed 2019-03-06(4)

Actions to foreclose upon a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]; Milone v US Bank N.A. , 164 AD3d 145; Wells Fargo Bank, N.A. v Eitani , 148 AD3d 193, 197; Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d 985, 986; Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 982). Here, the defendants failed to meet their prima facie burden of establishing that the time within which to commence the action had expired, as the letter dated May 30, 2008, "was nothing more than a letter discussing acceleration as a possible future event, which does not constitute an exercise of the mortgage's optional acceleration clause" ( 21st Mtge. Corp. v Adames , 153 AD3d 474, 475; see Milone v US Bank N.A. , 164 AD3d at 152).

CPLR 213(4) gives a mortgage foreclosure action six years; acceleration starts that period for the entire debt.

Deutsche Bank Trust Co. Ams. v. Smith · filed 2019-03-06(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). That limitations period begins to run on the entire debt when the mortgagee elects to accelerate the mortgage ( see U.S. Bank, N.A. v Martin , 144 AD3d 891, 891-892; EMC Mtge. [*2]Corp. v Smith , 18 AD3d 602; Loiacono v Goldberg , 240 AD2d 476, 477).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action after its right to demand payment accrues.

Bank of Am., N.A. v. Gulnick · filed 2019-03-14(4)

Thus, we conclude that defendant has established prima facie that plaintiff's cause of action was untimely because it was commenced more than six years after decedent's death ( see CPLR 213 [4]).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; a complaint filed by a plaintiff without standing does not accelerate the debt and start that period.

MLB Sub I, LLC v. Grimes · filed 2019-03-20(4)

Actions to foreclose a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]; Milone v US Bank N.A. , 164 AD3d 145, 151; Wells Fargo Bank, N.A. v Eitani , 148 AD3d at 197). ... The Supreme Court granted Grimes's motion to dismiss the 2007 action because U.S. Bank did not have standing to prosecute the action. Accordingly, service of the 2007 complaint did not constitute a valid exercise of the option to accelerate the debt, and the statute of limitations did not begin to run at that time ( see Wells Fargo Bank, N.A. v Burke , 94 AD3d at 983; EMC Mtge. Corp. v Suarez , 49 AD3d at 593).

Section 213(4) gives a lender six years from acceleration of a mortgage debt to commence a foreclosure action.

U.S. Bank N.A. v. Greenberg · filed 2019-03-27(4)

Rather, the debt was accelerated on or about May 10, 2010, by the filing of the summons and complaint in the 2010 action ( see Deutsche Bank Natl. Trust Co. v Adrian , 157 AD3d 934, 935; Clayton Natl. v Guldi , 307 AD2d 982, 982), and the instant action, commenced on March 2, 2016, within six years of the acceleration, was timely.

Section 213(4)'s six-year period runs from each unpaid mortgage installment unless the debt is accelerated, which starts the period for the entire balance.

Bank of N.Y. Mellon v. Maldonado · filed 2019-03-27(4)

"The six-year statute of limitations in a mortgage foreclosure action begins to run from the due date for each unpaid installment unless the debt has been accelerated; once the debt has been accelerated by a demand or commencement of an action, the entire sum becomes due and the statute of limitations begins to run on the entire mortgage" ( Lavin v Elmakiss , 302 AD2d 638, 639; see CPLR 213[4]; Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d 985, 986; Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 982; Wells Fargo Bank, N.A. v Cohen , 80 AD3d 753, 754). ... Contrary to the defendant's contention, the letter dated December 24, 2007, did not accelerate the mortgage debt.

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; a defendant claiming the period began when the debt was accelerated must show that the creditor elected to demand the full balance.

Wells Fargo Bank, N.A. v. Lefkowitz · filed 2019-04-03(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... By failing to submit a copy of the summons and complaint filed in the first action along with his initial moving papers, the defendant failed to demonstrate that the first action, which apparently was commenced on November 1, 2007, constituted a valid election to accelerate the mortgage, since there was no evidence to demonstrate that the plaintiff's predecessor in interest elected to call due the entire amount secured by the mortgage.

Section 213(4) gives a lender six years from acceleration of the debt to commence a mortgage foreclosure action.

Deutsche Bank Natl. Trust Co. v. DeGiorgio · filed 2019-04-04(4)

Here, the statute of limitations began to run in August 2008 when plaintiff commenced the first foreclosure action and elected to accelerate the underlying debt; therefore, any other actions on the mortgage, including a second foreclosure action, would had to have been commenced by August 2014 ( see CPLR 213 [4]; Bank of Am., N.A. v Luma , 157 AD3d at 1106-1107; Lavin v Elmakiss , 302 AD2d at 639).

CPLR 213(4) requires a mortgage foreclosure action to be commenced within six years after the debt is accelerated.

Bank of N.Y. Mellon v. Cort · filed 2019-04-04(4)

The record discloses, and plaintiff does not dispute, that defendant met his initial burden of establishing that this action was untimely because it was commenced over six years after the debt was accelerated ( see CPLR 213 [4]; Ventures Trust 2013-I-H-R v Chitbahal , 167 AD3d 682, 683 [2018]; Bank of Am., N.A. v Luma , 157 AD3d 1106, 1106-1107 [2018]; EMC Mtge. Corp. v Patella , 279 AD2d 604, 605-606 [2001]).

Section 213(4) gives a mortgagee six years to bring a foreclosure action; when acceleration is optional, the limitations period for the entire debt begins when the mortgagee elects to accelerate it.

Reverse Mtge. Solutions, Inc. v. Fattizzo · filed 2019-05-01(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; U.S. Bank Trust N.A. v Aorta , 167 AD3d 807, 808). ... Accordingly, the statute of limitations did not begin to run on the entire debt until the plaintiff filed the summons and complaint in the instant action, and we agree with the Supreme Court's determination that this action is not time-barred ( see Milone v U.S. Bank N.A. , 164 AD3d at 152; U.S. Bank N.A. v Gordon , 158 AD3d at 836; Deutsche Bank Natl. Trust Co. v Adrian , 157 AD3d at 935).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; for a mortgage payable in installments, the period runs separately from each installment’s due date unless the debt is accelerated.

Hudson City Sav. Bank, FSB v. Schoenfeld · filed 2019-05-01(4)

"[A]n action upon a bond or note, the payment of which is secured by a mortgage upon real property, or upon a bond or note and mortgage so secured, or upon a mortgage of real property, or any interest therein" must be commenced within six years (CPLR 213[4]). With respect to a mortgage payable in installments, there are separate causes of action for each installment accrued, and the statute of limitations begins to run on the date each installment becomes due unless the mortgage debt is accelerated ( see Pagano v Smith , 201 AD2d 632, 633; Khoury v Alger , 174 AD2d 918, 919).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; when the lender accelerates the debt, the period begins to run on the entire debt.

Bank of N.Y. Mellon v. Bissessar · filed 2019-05-15(4)

The defendant submitted evidence that the six-year statute of limitations ( see CPLR 213[4]) began to run on the entire debt on August 26, 2008, when the plaintiff's predecessor in interest accelerated the debt and commenced a prior action to foreclose the mortgage (hereinafter the 2008 action), and that the instant action was commenced on June 2, 2016, more than six years later ( see 21st Mtge. Corp. v Osorio , 167 AD3d 823; U.S. Bank, N.A. v Kess , 159 AD3d 767, 768).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; a foreclosure action brought by a party without authority to accelerate the debt does not start that period for the full debt.

J & JT Holding Corp. v. Deutsche Bank Natl. Trust Co. · filed 2019-06-05(4)

Here, contrary to the plaintiff's contention and the opinion of our dissenting colleague, the commencement of the foreclosure action, which was dismissed on the ground that Deutsche Bank lacked standing, was ineffective to constitute a valid exercise of the option to accelerate the debt since Deutsche Bank did not have the authority to accelerate the debt at that time ( see U.S. Bank N.A. v Gordon , 158 AD3d 832, 836; Stewart Tit. Ins. Co. v Bank of N.Y. Mellon , 154 AD3d 656, 662-663; 21st Mtge. Corp. v Adames , 153 AD3d 474, 475; Wells Fargo Bank, N.A. v Burke , 94 AD3d at 983; EMC Mtge. Corp. v Suarez , 49 AD3d 592).

Section 213(4) sets a six-year limitations period for an action to foreclose a mortgage on real property.

Deutsche Bank Natl. Trust Co. v. Sewdial · filed 2019-06-05(4)

An action to foreclose a mortgage on real property is subject to a six-year statute of limitations ( see CPLR 213[4]; NMNT Realty Corp. v Knoxville 2012 Trust , 151 AD3d 1068).

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions.

Wilmington Trust, N.A. v. Dawson · filed 2019-07-10(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]).

A mortgage foreclosure action is generally subject to a six-year limitations period.

WestVue NPL Trust II v. Gokey · filed 2019-09-18(4)

Generally, a mortgage foreclosure action is subject to a six-year statute of limitations ( see CPLR 213[4]; Wells Fargo Bank, N.A. v Eitani , 148 AD3d at 197).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; when the lender accelerates the debt, the period runs on the entire debt unless the lender affirmatively revokes acceleration within that period.

U.S. Bank N.A. v. Leone · filed 2019-09-18(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Contrary to the plaintiff's contention, its submission of the order dated October 5, 2015, discontinuing the 2009 action upon its motion, in itself, was insufficient to establish, prima facie, that it revoked its election to accelerate the mortgage debt ( see U.S. Bank Trust, N.A. v Aorta , 167 AD3d 807; Freedom Mtge. Corp. v Engel , 163 AD3d 631, 633, lv granted in part 33 NY3d 1039).

Section 213(4) gives a mortgagee six years to commence a foreclosure action.

BH 263, LLC v. Bayview Loan Servicing, LLC · filed 2019-09-18(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]; Lubonty v U.S. Bank N.A. , 159 AD3d at 962; Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d 985, 986).

Section 213(4)'s six-year limitations period for a mortgage foreclosure claim begins to run on the entire debt when the loan is accelerated.

Secured Asset Management, LLC. v. Cong. Beth Joseph Zwi Dushinsky · filed 2019-09-30(4)

Under CPLR § 213(4), the 6-year statute of limitations began to run once the Loan was accelerated on that date.

Section 213(4) gives a lender six years from acceleration of a mortgage debt to bring a foreclosure action.

Wells Fargo Bank, N.A. v. Liburd · filed 2019-10-10(4)

Defendants sustained their initial burden of demonstrating, prima facie, that this action was untimely because more than six years had passed from the date that the debt on the mortgage was accelerated (CPLR 213[4]; see MTGLQ Invs., LP v Wozencraft , 172 AD3d 644 [1st Dept 2019]).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; a letter expressing only a future intent to accelerate does not start that period on the full debt.

U.S. Bank N.A. v. Gordon · filed 2019-10-16(4)

Actions to foreclose a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]; Milone v US Bank N.A. , 164 AD3d 145, 151; Wells Fargo Bank, N.A. v Eitani , 148 AD3d 193, 197; Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d 985, 986; Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 982). ... Contrary to the defendants' contention, the September 21, 2008, letter from ASC did not serve to accelerate the mortgage debt, as the language therein was "merely an expression of future intent that fell short of an actual acceleration" ( Milone v US Bank N.A. , 164 AD3d at 152; see Bank of N.Y. Mellon v Morris, 172 AD3d 1150; U.S. Bank N.A. v Greenberg , 170 AD3d 1237; FBP 250, LLC v Wells Fargo Bank, N.A. , 164 AD3d 1307, 1309; DLJ Mtge. Capital, Inc. v Hirsh , 161 AD3d 944, 945; 21st Mtge. Corp. v Adames , 153 AD3d 474, 475).

Section 213(4) gives a party six years to commence a mortgage foreclosure action.

Pennymac Corp. v. McGlade · filed 2019-10-16(4)

Actions to foreclose a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]; Milone v US Bank N.A. , 164 AD3d 145, 151; Wells Fargo Bank, N.A. v Eitani , 148 AD3d 193, 197; Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d 985, 986; Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 982).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; a notice discussing possible future acceleration does not start the period on the entire debt.

HSBC Bank USA, N.A. v. Grella · filed 2019-10-16(4)

Actions to foreclose a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]; Milone v U.S. Bank N.A. , 164 AD3d 145, 151; Wells Fargo Bank, N.A. v Eitani , 148 AD3d at 197). ... As the notice of default did not serve to accelerate the maturity date of the debt, and since the complaints in the first and second foreclosure actions were filed less than six years apart, Grella failed to sustain her initial burden of establishing, prima facie, that the instant foreclosure action is time-barred.

CPLR 213(4) provides a six-year limitations period for mortgage foreclosure; a party claiming that period expired must establish when the debt was accelerated.

Prand Corp. v. Gardiner · filed 2019-10-23(4)

Nevertheless, the plaintiff failed to establish its prima facie entitlement to relief under RPAPL 1501(4) since it did not demonstrate, as alleged in the complaint, that the mortgage debt had been accelerated in November 2004, and that the six-year statute of limitations ( see CPLR 213[4]) had already expired before this action was commenced.

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; a notice warning of possible future acceleration does not start that period on the entire debt.

Nationstar Mtge., LLC v. Cantwell · filed 2019-11-06(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; Bank of N.Y. Mellon v Morris , 172 AD3d 1150, 1151; Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d 985, 986; Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867). ... Contrary to the defendants' contention, the April 16, 2008, notice of default, which advised that the loan would be accelerated if the default was not cured by May 21, 2008, was "nothing more than a letter discussing acceleration as a possible future event, which [did] not constitute an exercise of the mortgage's optional acceleration clause" ( 21st Mtge. Corp. v Adames , 153 AD3d 474, 475; see J & JT Holding Corp. v Deutsche Bank Natl. Trust Co. , 173 AD3d 704; Bank of N.Y. Mellon v Morris , 172 AD3d at 1151).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period; a foreclosure action filed without standing does not accelerate the debt or start that period on the full balance.

HSBC Bank USA v. Rinaldi · filed 2019-11-06(4)

The statute of limitations for a mortgage foreclosure action is six years ( see CPLR 213[4]). ... Thus, contrary to the defendant's contentions, the commencement of the 2009 action did not accelerate the mortgage debt, and the statute of limitations did not begin to run when the 2009 action was commenced ( see Milone v US Bank N.A. , 164 AD3d at 153).

Section 213(4) gives a mortgagee six years to bring a foreclosure action; an attempted acceleration does not start the limitations period on the entire debt if the accelerating party lacked standing.

Diji v. Deutsche Bank Natl. Trust Co. · filed 2019-11-06(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendant demonstrated, prima facie, that the debt was never validly accelerated, as prior actions to foreclose the subject mortgage, commenced in 2007 and 2009, were dismissed upon determinations that the plaintiff in those actions lacked standing ( see MLB Sub I, LLC v Grimes , 170 AD3d 992; 21st Mtge. Corp. v Adames , 153 AD3d 474, 475; Wells Fargo Bank, N.A. v Burke , 94 AD3d at 983; EMC Mtge. Corp. v Suarez , 49 AD3d at 593).

Section 213(4) requires a mortgage foreclosure action to be commenced within six years after the lender accelerates the debt.

21st Mtge. Corp. v. Balliraj · filed 2019-11-13(4)

Since the defendants demonstrated, as a matter of law, that the acceleration of the mortgage debt occurred more than six years prior to the commencement of the present action, the defendants sustained their initial burden of demonstrating, prima facie, that the action was untimely.

Section 213(4) sets a six-year limitations period for a foreclosure claim.

Lubonty v. U.S. Bank National Association · filed 2019-11-25(4)

The statute of limitations for a foreclosure claim is six years (CPLR 213 [4]).

Section 213(4) gives a lender six years to sue on each overdue mortgage installment unless the debt is accelerated.

U.S. Bank Trust, N.A. v. Clark · filed 2019-12-18(4)

We agree with the Supreme Court's determination that the action is not barred by the applicable statute of limitations. An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). Where a mortgage is payable in installments, there are separate causes of action for each installment accrued, and the statute of limitations begins to run on the date each installment becomes due, unless the mortgage debt is accelerated ( see Hudson City Sav. Bank, FSB v Schoenfeld , 172 AD3d 692, 693; Bank of N.Y. Mellon v Celestin , 164 AD3d 733, 735; Pagano v Smith , 201 AD2d 632, 633).

CPLR 213(4) gives a lender six years to commence a mortgage foreclosure action after it accelerates the debt.

Deutsche Bank Natl. Trust Co. v. Gordon · filed 2020-01-15(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendant demonstrated that the six-year statute of limitations began to run on April 8, 2008, when then plaintiff's predecessor-in-interest accelerated the mortgage debt through its commencement of the 2008 foreclosure action ( see Freedom Mtge. Corp. v Engel , 163 AD3d at 632-633; U.S. Bank N.A. v Martin , 144 AD3d 891, 891-892).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action after the debt is accelerated.

1081 Stanley Ave., LLC v. Bank of N.Y. Mellon Trust Co., N.A. · filed 2020-01-29(4)

On its motion, the plaintiff demonstrated, prima facie, that the 2009 action accelerated the mortgage debt, that the 2009 action was dismissed as abandoned pursuant to CPLR 3215(c), and that the commencement of a new foreclosure action would be time-barred by the applicable six-year statute of limitations ( see Halfon v U.S. Bank, N.A. , 169 AD3d at 654; Karpa Realty Group, LLC v Deutsche Bank Natl. Trust Co. , 164 AD3d 886, 887-888; U.S. Bank N.A. v Martin , 144 AD3d 891, 892; JBR Constr. Corp. v Staples , 71 AD3d 952, 953).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period, which begins to run on the entire debt when the mortgage is accelerated.

Federal Natl. Mtge. Assn. v. Rosenberg · filed 2020-02-04(4)

An action to foreclose on a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). Once a mortgage debt is accelerated, and the entire amount is due and owing, the statute of limitations begins to run on the entire debt.

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; when the debt is accelerated, the period begins to run on the entire debt.

Nationstar Mtge., LLC v. Dorsin · filed 2020-02-26(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]; Ditech Fin., LLC v Naidu , 175 AD3d 1387). Even if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the statute of limitations begins to run on the entire debt ( see Bank of N.Y. Mellon v Craig , 169 AD3d 627, 629; Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d 985, 986).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; when the debt is accelerated, the period runs on the entire debt.

Ditmid Holdings, LLC v. JPMorgan Chase Bank, N.A. · filed 2020-02-26(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, in support of its motion, the plaintiff established that it was the current owner of the subject property, that an acceleration of the full amount of the subject debt occurred on or about February 20, 2008, and that, accordingly, the statute of limitations expired six years later.

Section 213(4)'s six-year period for mortgage foreclosure runs from acceleration of the entire debt; a discontinuance that does not de-accelerate the mortgage does not establish that a later action is timely.

U.S. Bank Trust, N.A. v. Ellis · filed 2020-03-10(4)

The commencement of the 2010 action accelerated the entire debt and the entire amount requiring that plaintiff bring its action to a conclusion within the applicable six-year statute of limitations (CPLR 213[4]). Since the 2013 discontinuance did not de-accelerate the payments due under the mortgage, plaintiff cannot rely on the discontinuance to establish that this 2017 foreclosure action is timely ( Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 982-983 [2d Dept 2012]).

Section 213(4) allows recovery of mortgage installments due within the preceding six years, but acceleration starts the six-year period for the entire debt.

Bank of N.Y. Mellon v. Ahmed · filed 2020-03-11(4)

Generally, an action to foreclose a mortgage may be brought to recover unpaid sums which were due within the six-year period immediately preceding the commencement of the action ( see CPLR 213[4]). However, once a mortgage debt is accelerated, the entire amount is due and the statute of limitations begins to run on the entire debt ( see Wells Fargo Bank, N.A. v Burke , 94 AD3d 980 , 982). ... Since the plaintiff did not commence this action until March 2015, more than six years later, the defendant sustained his initial burden of demonstrating prima facie that this action is time-barred ( see HSBC Bank USA, N.A. v Gold , 171 AD3d 1029 , 1030-1031; Bank of N.Y. Mellon v Craig , 169 AD3d 627 , 629).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period that begins when the debt becomes due under the mortgage.

Sudit v. Eliav · filed 2020-03-25(4)

"An action to foreclose a mortgage is subject to a six-year statute of limitations" ( see CPLR 213[4]). Here, Eliav and BOA established that the six-year statute of limitations began to run on the debt on September 11, 1998, pursuant to the terms of the subject mortgage.

Section 213’s six-year limit applies to mortgage foreclosure actions; a defendant relying on an earlier acceleration to establish the bar must show that the acceleration was valid.

West Coast 2014-7, LLC v. Mackinnon · filed 2020-04-21

Defendants have not met their initial burden at this stage of establishing that the purported acceleration of the Mortgage by Deutsche Bank in April 2008 was valid. ... For the foregoing reasons, the Court finds Defendants have not established that Plaintiff’s claim is barred by the six-year statute of limitations at this stage of the proceedings.

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; a letter expressing a future intent to accelerate does not start the period on the entire debt.

Vitolo v. U.S. Bank N.A. · filed 2020-04-29(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; Kashipour v Wilmington Sav. Fund Socy. FSB , 144 AD3d 985, 986), and " once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt'" ( Kashipour v Wilmington Sav. Fund Socy. FSB , 144 AD3d at 986, quoting EMC Mtge. Corp. v Patella , 279 AD2d 604, 605). ... As the court determined, the letter did not accelerate the debt, but "was merely an expression of future intent that fell short of an actual acceleration" ( Milone v US Bank N.A. , 164 AD3d at 152; see U.S. Bank National Association v Gordon , 176 AD3d 1006; see also Bank of N.Y. Mellon v Morris , 172 AD3d 1150, 1151; North Shore Invs. Realty Group LLC v Traina , 170 AD3d 737, 738).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period; a letter expressing future intent to accelerate does not start that period for the entire debt.

U.S. Bank N.A. v. Vitolo · filed 2020-04-29(4)

Actions to foreclose a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]; Milone v US Bank N.A. , 164 AD3d 145, 151; Wells Fargo Bank, N.A. v Eitani , 148 AD3d at 197). ... Contrary to Vitolo's contention, the letter dated January 25, 2009, did not accelerate the mortgage debt ( see U.S. Bank N.A. v Gordon , 176 AD3d 1006, 1008). ... Therefore, Vitolo failed to satisfy her initial burden of demonstrating, prima facie, that the time within which to commence the action has expired ( see U.S. Bank N.A. v Greenberg , 170 AD3d 1237; U.S. Bank N.A. v Gordon , 158 AD3d at 834-835).

CPLR 213(4) gives a lender six years to bring a mortgage foreclosure action; once the debt is accelerated, the period runs on the entire debt.

Bank of N.Y. Mellon v. Yacoob · filed 2020-04-29(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Once a mortgage debt is accelerated, however, the statute of limitations begins to run on the entire debt ( see U.S. Bank N.A. v Leone , 175 AD3d at 1453; U.S. Bank Trust, N.A. v Aorta , 167 AD3d at 808).

Section 213(4) gives a lender six years from acceleration to commence a mortgage foreclosure action; a purported deceleration that does not validly revoke acceleration does not stop that period.

53rd Street LLC v. U.S. Bank National Association · filed 2020-05-08(4)

In New York, the statute of limitations to commence a foreclosure action is six years from the date on which the lender accelerated the debt. ... Under these circumstances, the June 24, 2014 letter was not a valid deceleration, and a future foreclosure action would be time-barred.

Section 213(4) gives a mortgage foreclosure action a six-year limitations period that begins to run on the entire outstanding principal when the loan is validly accelerated.

U.S. Bank N.A. v. Garcia · filed 2020-05-21(4)

In seeking dismissal, defendant made a prima facie showing that a prior foreclosure action, commenced by nonparty Coastal Capital Corp. (Coastal) in 2006, accelerated the entire loan as of that date. The acceleration was a term of the pleading ( U.S. Bank N.A. v Gordon , 158 AD3d 832, 835 [2d Dept 2018]). Since the six-year limitations period applicable to a mortgage foreclosure action would have begun to run against the entire outstanding principal at that time, Garcia claims this action is time-barred, because it was commenced in 2017, well after the statute of limitations expired (CPLR 213[4]). In opposition, however, plaintiff has raised a disputed material issue of fact regarding whether Coastal had the authority to accelerated the mortgage and, consequently, whether this action is time-barred ( U.S. Bank N.A. v Charles , 173 AD3d 564, 565 [1st Dept 2019]). This issue must be decided at a trial.

Section 213(4)'s limitation period for mortgage foreclosure runs from acceleration of the mortgage debt.

Wells Fargo Bank, N.A. v. Ferrato · filed 2020-05-28(4)

Moreover, Wells Fargo's fifth foreclosure action, commenced on or around December 11, 2017, is time-barred, as Wells Fargo had accelerated the mortgage debt when it commenced its second foreclosure action on September 16, 2009 (CPLR 213[4]; see CDR Créances S.A. v Euro-American Lodging Corp. , 43 AD3d 45, 51 [1st Dept 2007]).

Section 213(4) gives a mortgage foreclosure action six years; a notice warning of possible future acceleration does not start the limitations period on the entire debt.

U.S. Bank N.A. v. Mongru · filed 2020-06-03(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; see generally Milone v US Bank N.A. , 164 AD3d 145, 151). "[E]ven if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt" ( EMC Mtge. Corp. v Patella , 279 AD2d 604, 605). Contrary to G & Q Estates' contention, the May 3, 2007, notice of default, which advised that the loan would be accelerated if the default was not cured by June 7, 2007, was "nothing more than a letter discussing acceleration as a possible future event, which [did] not constitute an exercise of the mortgage's optional acceleration clause" ( 21st Mtge. Corp. v Adames , 153 AD3d 474, 475).

Section 213(4) requires a mortgage foreclosure action to be brought within six years of acceleration; merely discontinuing an earlier action does not revoke that acceleration.

Trust v. Barua · filed 2020-06-03(4)

For reasons set forth below, we hold that the second action was time-barred, as it was commenced beyond the applicable six-year statute of limitations of CPLR 213(4). ... A bare discontinuance does not disclose its underlying reasons nor say anything about the discontinuing party's intent to de-accelerate the full debt.

Section 213(4) gives a mortgage foreclosure action a six-year limitations period that runs separately for each installment when it becomes due.

Wilmington Sav. Fund Socy. FSB v. Deliberto · filed 2020-06-12(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213 [4]). ... Plaintiff commenced this foreclosure action on September 15, 2017. Therefore, recovery for the installments due within the six years prior to that date, i.e., September 15, 2011, is not barred by the statute of limitations.

Section 213(4) gives a lender six years to foreclose after accelerating the mortgage debt; the period continues to run unless the lender effectively revokes the acceleration.

Beneficial Homeowner Serv. Corp. v. Heirs at Large of Ramona E. Thwaits · filed 2020-07-02(4)

In view of the foregoing, we agree with Supreme Court that plaintiff did not engage in an affirmative act that had the effect of de-accelerating the debt ( see U.S. Bank N.A. v Creative Encounters LLC , 183 AD3d at 1088-1089). Accordingly, as plaintiff commenced this action after the statute of limitations period had expired, Supreme Court correctly determined that this action was time-barred ( see CPLR 213 [4]; Specialized Loan Servicing Inc. v Nimec , 183 AD3d at 964).

A mortgage foreclosure action has a six-year limitations period that begins to run on the entire debt when the mortgage is accelerated.

Solomon v. HSBC Bank USA, N.A. · filed 2020-07-15(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). "[E]ven if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt" ( EMC Mtge. Corp. v Patella , 279 AD2d 604, 605; see Lubonty v U.S. Bank N.A. , 159 AD3d at 963).

Section 213(4) permits a mortgage foreclosure claim for unpaid installments that accrued within six years before the action began.

U.S. Bank Trust, N.A. v. Miele · filed 2020-08-05(4)

As the plaintiff produced a copy of the note, the mortgage, and evidence of default, we agree with the Supreme Court's determination to grant those branches of the plaintiff's motion which were for summary judgment on the causes of action that sought unpaid installments which accrued within the six-year period of limitations preceding its commencement of this action, to strike the defendants' affirmative defenses and counterclaims relating to those causes of action, and to appoint a referee to compute the amount due.

Section 213(4) gives a lender six years to bring a mortgage foreclosure action after the mortgage debt is accelerated.

U.S. Bank Trust, N.A. v. Miele · filed 2020-08-05(4)

Here, in support of their motion, the defendants demonstrated that the six-year statute of limitations ( see CPLR 213[4]) began to run on July 7, 2009, when Chase accelerated the mortgage debt and commenced the prior foreclosure action ( see Albertina Realty Co. v Rosbro Realty Corp. , 258 NY 472, 476; Milone v US Bank N.A. , 164 AD3d 145, 152).

Section 213(4) gives six years to commence a mortgage foreclosure action; a foreclosure action brought without standing does not validly accelerate the debt.

Mejias v. Wells Fargo N.A. · filed 2020-08-05(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, Wells Fargo demonstrated, prima facie, that the debt was never validly accelerated, as the prior action to foreclose the subject mortgage, commenced in 2009, was dismissed upon the Supreme Court's determination that Wells Fargo lacked standing to commence the action ( see Diji v Deutsche Bank Natl. Trust Co. , 177 AD3d at 676; MLB Sub I, LLC v Grimes , 170 AD3d 992; 21st Mtge. Corp. v Adames , 153 AD3d 474, 475; Wells Fargo Bank, N.A. v Burke , 94 AD3d at 983; EMC Mtge. Corp. v Suarez , 49 AD3d at 593).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period that runs on the entire debt once the mortgage is accelerated.

Federal Natl. Mtge. Assn. v. Puma · filed 2020-08-05(4)

Actions to foreclose a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendant established that the six-year statute of limitations began to run on the entire debt in November 2009, when OneWest accelerated the mortgage by commencing the prior foreclosure action ( see Federal Natl. Mtge. Assn. v Schmitt , 172 AD3d at 1325; Bank of N.Y. Mellon v Craig , 169 AD3d 627, 629). Since the plaintiff did not commence this action until September 2016, more than six years later, the defendant sustained his initial burden of demonstrating, prima facie, that this action was untimely ( see Bank of N.Y. Mellon v Craig , 169 AD3d at 629).

CPLR 213(4) sets a six-year limitations period for mortgage foreclosure actions, running from acceleration of the loan.

US Bank N.A. v. Ahmed · filed 2020-08-19(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). Here, the defendant established that the plaintiff accelerated the mortgage loan by commencing an action to foreclose the mortgage on or about March 21, 2006, and the instant action was commenced more than six years later, in February 2013.

CPLR 213(4) gives a lender six years to foreclose a mortgage; once the debt is accelerated, the period runs on the entire debt.

R.J.T. Food & Rest., LLC v. ResCap Liquidating Trust · filed 2020-08-19(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; NMNT Realty Corp. v Knoxville 2012 Trust , 151 AD3d 1068, 1069). Even if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the statute of limitations begins to run on the entire debt ( see 21st Mtge. Corp. v Nweke , 165 AD3d 616, 618; Kashipour v Wilmington Sav. Fund Socy., FSB , 144 AD3d 985, 986).

Section 213(4) gives a lender six years from acceleration of a mortgage debt to commence a foreclosure action.

Deutsche Bank Natl. Trust Co. v. Lewis · filed 2020-08-20(4)

Thus, defendant established that the mortgage debt was accelerated on that date and that the six-year statute of limitations applicable to mortgage foreclosure actions had expired by the time plaintiff commenced the instant action on April 6, 2015 ( see Deutsche Bank Natl. Trust Co. , 157 AD3d at 935) .

Section 213(4) gives a lender six years to bring a mortgage foreclosure action after the debt is accelerated; a new acceleration following revocation starts a new six-year period.

Goshen Mtge., LLC v. DePalma · filed 2020-09-02(4)

By the submission of these documents, the defendants established that the time in which to sue expired on July 22, 2015, six years after the service of the supplemental summons and amended complaint ( see CPLR 213[4]), PCG's counsel having conceded that the loan was accelerated as of that time.

Section 213(4) gives a mortgage foreclosure action a six-year limitations period that runs on the entire debt once the debt is accelerated.

Wilmington Sav. Fund Socy., FSB v. Alam · filed 2020-09-16(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Since the plaintiff did not commence the instant foreclosure action until June 7, 2016, which was more than six years after acceleration of the debt, Alam met his initial burden of demonstrating, prima facie, that the instant action was untimely ( see Ditech Fin., LLC v Naidu , 175 AD3d 1387, 1389, lv granted 34 NY3d 910; HSBC Bank USA, N.A. v Gold , 171 AD3d 1029, 1030-1031; Freedom Mtge. Corp. v Engel , 163 AD3d 631, 633, lv granted in part 33 NY3d 1039).

CPLR 213(4) sets a six-year limitations period for mortgage foreclosure actions, and a defendant seeking dismissal as untimely must first establish when the debt was accelerated.

U.S. Bank, N.A. v. DeGroat · filed 2020-09-16(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendant Rocco Iodice (hereinafter the defendant) failed to sustain his initial burden of demonstrating, prima facie, that the action was untimely. In support of his cross motion, the defendant failed to submit a copy of the summons and complaint in the prior action.

Section 213(4) gives a lender six years after accelerating a mortgage debt to commence foreclosure or validly de-accelerate the debt.

Assyag v. Wells Fargo Bank, N.A. · filed 2020-09-16(4)

To be valid, a party's de-acceleration of loan debt must occur within six years of the acceleration ( see CPLR 213[4]), be accomplished by an affirmative act subsequent to the initial foreclosure action's acceleration ( see 1081 Stanley Ave., LLC v Bank of New York Mellon Trust Company, N.A. , 179 AD3d 984; NMNT Realty Corp. v Knoxville 2012 Trust , 151 AD3d 1068), and be clear and unambiguous in its meaning ( see Milone v US Bank N.A. , 164 AD3d 145, 153).

A mortgage foreclosure action has a six-year limitations period; when acceleration is optional, the period begins when the holder takes affirmative action to accelerate the debt.

Wells Fargo Bank, N.A. v. Nesci · filed 2020-09-23(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Rather, acceleration occurred on October 14, 2009, when Wachovia filed its complaint seeking payment of the entire mortgage debt ( see U.S. Bank N.A. v Gordon , 176 AD3d at 1006). Thus, the six-year limitations period had not yet expired when the plaintiff commenced the instant action on October 31, 2014.

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; acceleration starts that period for the entire debt.

U.S. Bank N.A. v. Bernice 380 Corp. · filed 2020-09-30(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, Bernice demonstrated that the six-year statute of limitations began to run on February 17, 2009, when the plaintiff's predecessor in interest accelerated the mortgage debt through its commencement of the 2009 foreclosure action ( see Freedom Mtge. Corp. v Engel , 163 AD3d at 632-633; U.S. Bank N.A. v Martin , 144 AD3d 891, 891-892).

Section 213(4) gives a mortgagee six years to commence a foreclosure action.

Sharf v. Wells Fargo Bank, N.A. · filed 2020-09-30(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action after accelerating the debt, including by commencing a prior foreclosure action.

Citimortgage, Inc. v. Ford · filed 2020-09-30(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). Once a mortgage debt is accelerated, the entire amount is due and the statute of limitations begins to run on the entire debt ( see U.S. Bank Trust, N.A. v Aorta , 167 AD3d 807, 808; Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 982). Here, the defendant demonstrated that the six-year statute of limitations began to run on March 25, 2008, upon the plaintiff's commencement of a prior foreclosure action. Since the plaintiff did not commence the instant action until June 22, 2016, the defendant established, prima facie, that the instant action is time-barred.

Section 213(4) gives a lender six years to bring a mortgage foreclosure action, beginning the day after the underlying debt matures.

Batavia Townhouses, Ltd. v. Council of Churches Hous. Dev. Fund Co., Inc. · filed 2020-10-02(4)

With an exception not relevant to this case, "it is well established that the six-year period begins to run when the lender first has the right to foreclose on the mortgage, that is, the day after the maturity date of the underlying debt" ( CDR Créances S.A. v Euro-American Lodging Corp. , 43 AD3d 45, 51 [1st Dept 2007]). Here, it is undisputed that plaintiffs established in support of their cross motion that the six-year limitations period began to run at the beginning of March 2012 and expired at the beginning of March 2018 .

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions.

Wells Fargo Bank, N.A. v. Torres · filed 2020-10-07(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations (CPLR 213[4]). Here, the defendant established that the plaintiff's predecessor-in-interest accelerated the mortgage loan by commencing an action to foreclose the mortgage on or about May 28, 2009, and the instant action was commenced more than nine years later, in June 2018.

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions; when an installment mortgage is accelerated, the period begins to run on the entire debt.

Ditech Fin., LLC v. Rapuzzi · filed 2020-10-07(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). When a mortgage payable in installments is accelerated, the statute of limitations begins to run, at that point, on the entire debt ( see Bank of N.Y. Mellon v Yacoob , 182 AD3d 566).

CPLR 213(4) generally gives a plaintiff six years to bring a mortgage foreclosure action, with the period beginning when the mortgage debt is accelerated.

HSBC Bank USA, N.A. v. Janvier · filed 2020-10-21(4)

An action to foreclose a mortgage is generally subject to a six-year statute of limitations ( see CPLR 213[4]). Here, the defendant met her prima facie burden by demonstrating that the statute of limitations began to run on September 7, 2007, when the plaintiff accelerated the mortgage debt and commenced the 2007 action ( see Deutsche Bank Natl. Trust Co. v Gambino , 153 AD3d 1232, 1234), and that the instant action was commenced in April 2015, more than six years later.

Section 213(4) gives a plaintiff six years to bring a mortgage foreclosure action, with the period running on the entire debt once it is accelerated.

Christiana Trust v. Birica · filed 2020-10-21(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]) and, once a mortgage debt is accelerated, the statute of limitations begins to run on the entire debt ( see HSBC Bank USA, N.A. v Gold , 171 AD3d 1029, 1030; Bank of N.Y. Mellon v Craig , 169 AD3d at 628). Here, Birica established that the six-year statute of limitations began to run on the entire debt in July 2007, when Chase accelerated the mortgage by commencing the 2007 action ( see Federal Natl. Mtge. Assn. v Schmitt , 172 AD3d 1324, 1325; Bank of N.Y. Mellon v Craig , 169 AD3d at 629).

CPLR 213(4)’s six-year period for mortgage foreclosure began when the earlier foreclosure action was filed; discontinuing that action after the period expired did not revoke the loan’s acceleration.

U.S. Bank Trust, N.A. v. Board of Mgrs. of the Devon Condominium · filed 2020-10-27(4)

The applicable six-year limitations period ( see CPLR 213[4]) commenced upon the filing of a 2009 foreclosure action by plaintiff's predecessor-in-interest ( see Nationstar Mtge. LLC v Islam , 158 AD3d 553 [1st Dept 2018]). The instant action was commenced with the filing of a complaint on March 9, 2017, more than six years later. Contrary to plaintiff's argument, the discontinuance of the 2009 action, which occurred after the limitations period expired, in May 2017, was insufficient to constitute an affirmative act revoking the mortgage loan's acceleration ( see Wells Fargo Bank, N.A. v Ferrato , 183 AD3d 529 [1st Dept 2020]).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action after it accelerates the entire debt.

U.S. Bank N.A. v. Davids · filed 2020-11-04(4)

Here, the defendant established that the six-year statute of limitations began to run on the entire debt on September 10, 2007, when the plaintiff commenced the prior foreclosure action and elected in the complaint to call due the entire amount secured by the mortgage.

Section 213(4) imposes a six-year limitations period on mortgage foreclosure actions, which runs on the entire debt once the mortgage is accelerated.

Federal Natl. Mtge. Assn. v. Jeanty · filed 2020-11-12(4)

"Generally, an action to foreclose a mortgage may be brought to recover unpaid sums which were due within the six-year period immediately preceding the commencement of the action" ( Bank of N.Y. Mellon v Ahmed , 181 AD3d 634, 635; see CPLR 213[4]). "However, even if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt" ( Deutsche Bank Natl. Trust Co. v Gordon , 179 AD3d 770, 772 [internal quotation marks omitted]; see Freedom Mtge. Corp. v Engel , 163 AD3d 631, 632, lv granted in part 33 NY3d 1039).

Section 213(4) sets a six-year limit for mortgage foreclosure actions; a defendant relying on earlier acceleration must establish that the party accelerating the debt had authority to do so.

Bank of N.Y. Mellon Trust Co., N.A. v. Lagasse · filed 2020-11-12(4)

The statute of limitations for a mortgage foreclosure action is six years ( see CPLR 213[4]). ... Here, Fire Island failed to establish that there was a valid exercise of the option to accelerate the debt in the 2007 foreclosure action, since its own submissions in support of its motion failed to eliminate questions of fact as to whether the plaintiff lacked the authority to accelerate the debt or to sue to foreclose at that time ( see U.S. Bank N.A. v Gordon , 158 AD3d 832, 836; Wells Fargo Bank, N.A. v Burke , 94 AD3d at 983; EMC Mtge. Corp. v Suarez , 49 AD3d 592, 593). Therefore, Fire Island failed to satisfy its initial burden of demonstrating, prima facie, that the time within which to commence the action has expired ( see U.S. Bank N.A. v Gordon , 158 AD3d at 836).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action after it accelerates the entire debt.

Wells Fargo Bank, N.A. v. Islam · filed 2020-11-18(4)

Here, the defendant demonstrated that the six-year statute of limitations began to run on or about July 24, 2008, when the plaintiff accelerated the mortgage debt through its commencement of the 2008 foreclosure action ( see Freedom Mtge. Corp. v Engel , 163 AD3d at 632-633; U.S. Bank N.A. v Martin , 144 AD3d 891, 891-892). Since the plaintiff did not commence the instant action until March 30, 2017, more than six years after the commencement of the 2008 action, the defendant established, prima facie, that the instant action was untimely ( see Deutsche Bank Trust Co. Ams. v Smith , 170 AD3d 660, 660-661; 21st Mtge. Corp. v Osorio , 167 AD3d 823, 825; U.S. Bank Trust, N.A. v Aorta , 167 AD3d 807, 809).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period that runs on the entire debt once the mortgage is accelerated.

Wells Fargo Bank, N.A. v. Lewin · filed 2020-11-25(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... The entire mortgage debt was accelerated on November 18, 2009, when Wachovia filed its complaint in the prior action ( see Wells Fargo Bank, N.A. v Nesci , 186 AD3d 1584, 1585-1586; U.S. Bank N.A. v Gordon , 158 AD3d 832, 836), and the instant action was commenced less than six years later, with the filing of the summon and compliant on November 9, 2015.

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions.

U.S. Bank N.A. v. Navarro · filed 2020-11-25(4)

Here, the defendant established, prima facie, that the six-year statute of limitations for actions to foreclose a mortgage had elapsed when this action was commenced ( see CPLR 213[4]; U.S. Bank N.A. v Vitolo , 182 AD3d 627, 628-629).

CPLR 213(4) gives a mortgage foreclosure action six years; when a foreclosure action accelerates the debt, the period runs on the entire unpaid balance.

U.S. Bank N.A. v. Salvodon · filed 2020-12-02(4)

Here, in support of her cross motion, the defendant established, prima facie, that the six-year statute of limitations ( see CPLR 213[4]) began to run on the entire debt in June 2007, when Countrywide commenced the 2007 foreclosure action seeking to recover the entire unpaid loan balance ( see Bank of N.Y. Mellon v Alli , 175 AD3d 1472, 1473; Deutsche Bank Natl. Trust Co. v Adrian , 157 AD3d 934, 935).

Section 213(4) sets a six-year statute of limitations for mortgage foreclosure actions.

OneWest Bank N.A. v. Muller · filed 2020-12-02(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]).

A mortgage foreclosure action is subject to a six-year statute of limitations.

Commodore Factors Corp. v. Deutsche Bank Natl. Trust Co. · filed 2020-12-02(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]; Nationstar Mtge., LLC v Dorsin , 180 AD3d 1054, 1055).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; acceleration starts that period for the entire debt.

Pryce v. Nationstar Mtge., LLC · filed 2020-12-09(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). Separate causes of action accrue for each unpaid installment and the statute of limitations begins to run on the date each installment becomes due ( see U.S. Bank N.A. v Joseph , 159 AD3d 968, 970). Once a mortgage debt is accelerated, however, the statute of limitations begins to run on the entire debt ( see Milone v US Bank N.A. , 164 AD3d 145, 151; U.S. Bank N.A. v Joseph , 159 AD3d at 970).

Section 213(4) gives a mortgagee six years to commence foreclosure, beginning when the mortgagee is entitled to demand full payment.

Garry v. Munro · filed 2020-12-10(4)

Rather, the express terms of the note and mortgage expressly provide that defendant had the right to demand payment in full 90 days after the note and mortgage was executed and, as such, the statute of limitations began to run as of that date, i.e., June 25, 2007.

CPLR 213(4) gives a mortgage foreclosure action a six-year limitations period.

Bank of N.Y. Mellon Corp. v. Alvarado · filed 2020-12-16(4)

A mortgage foreclosure action is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendants demonstrated, prima facie, that the instant action was time-barred and, in opposition, the plaintiff failed to raise a triable issue of fact ( see Sudit v Eliav , 181 AD3d 955, 956).

CPLR 213(4) gives mortgage foreclosure actions a six-year limitations period, which begins to run on the entire debt when an installment loan is accelerated.

U.S. Bank N.A. v. Francis · filed 2020-12-23(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). In the case of an installment loan, a separate cause of action accrues as to each missed payment, but once the debt is accelerated, the limitations period begins to run on the entire debt ( see Deutsche Bank Natl. Trust Co. v Gordon , 179 AD3d 770, 772; HSBC Bank, N.A. v Vaswani , 174 AD3d 514, 515).

Section 213(4) gives a lender six years to commence a mortgage foreclosure action; a lender can revoke an acceleration within that period by an affirmative act.

Oakdale III, LLC v. Deutsche Bank Natl. Trust Co. · filed 2020-12-30(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). "[E]ven if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the Statute of Limitations begins to run on the entire debt" ( EMC Mtge. Corp. v Patella , 279 AD2d 604, 605). A lender may revoke its election to accelerate the mortgage, but it must do so by an affirmative act of revocation occurring during the six-year statute of limitations period subsequent to the initiation of the prior foreclosure action ( see HSBC Bank USA, N.A. v Gold , 171 AD3d 1029, 1030).