N.Y. C.P.L.R. § 213

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

Deutsche Bank Natl. Trust Co. v. Ebanks · filed 2020-12-30(4)

The statute of limitations for a mortgage foreclosure action is six years ( see CPLR 213[4]). ... Here, the record establishes that the statute of limitations began to run on August 1, 2007, with the commencement of the 2007 action ( see Wells Fargo Bank, N.A v Maddaloni , 186 AD3d 1587, 1588; Deutsche Bank Natl. Trust Co. v Gambino , 153 AD3d 1232, 1234), as the complaint in the 2007 action contained an election to accelerate the entire debt.

Section 213(4) gives a mortgagee six years to bring a foreclosure action; for an installment mortgage, the period begins on the entire debt when the mortgagee accelerates it.

Bank of Am., N.A. v. Riche · filed 2021-01-13(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). Even if a mortgage is payable in installments, the limitation period begins to run on the entire mortgage debt when the mortgagee or its predecessor elects to accelerate the mortgage ( see Ditech Fin., LLC v Reiss , 175 AD3d 618, 619; Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 982). Contrary to the defendant's contention, the language in the 2008 notice fell short of an actual acceleration ( see Milone v US Bank N.A. , 164 AD3d 145, 152). Accordingly, the debt was not accelerated, and the statute of limitations did not begin to run until the first action was commenced in April 2009.

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

Bank of N.Y. v. Hutchinson · filed 2021-01-20(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see [*2]CPLR 213[4]).

A defendant asserting that a mortgage foreclosure action is time-barred under Section 213(4) must demonstrate that the limitations period bars the action.

Bank of N.Y. Mellon v. Carbone · filed 2021-01-20(4)

Contrary to the contentions of the defendants Louis Carbone and Denise Carbone (hereinafter together the defendants), the plaintiff established its standing to commence this action on its motion for summary judgment ( see Wells Fargo Bank, N.A. v Davis , 181 AD3d 890, 893), and the defendants failed to demonstrate that the action was barred by the statute of limitations ( see CPLR 213[4]).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action after accelerating the entire debt; discontinuance that says nothing about acceleration does not revoke it.

FV-1, Inc. v. Palaguachi · filed 2021-02-10(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, Gustavia established that the six-year statute of limitations began to run on the entire debt in November 2010, when JP Morgan commenced the prior action to foreclose the subject mortgage. Accordingly, the statute of limitations expired in November 2016, and the instant action, commenced in July 2017, was untimely. Contrary to the Supreme Court's determination, the affirmations of discontinuance and cancellation did not constitute an affirmative act of revocation, since they are silent on the issue of the election to accelerate, and did not otherwise indicate that JP Morgan would accept installment payments from the borrowers ( see Bank of N.Y. Mellon v Craig , 169 AD3d at 629; Freedom Mtge. Corp. v Engel , 163 AD3d at 633).

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

U.S. Bank Trust, N.A. v. Collis · filed 2021-02-17(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; acceleration starts that period for the entire debt, but the lender may revoke acceleration within six years.

U.S. Bank N.A. v. Kropp-Somoza · filed 2021-02-17(4)

Actions to foreclose a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]; Wells Fargo Bank, N.A. v Eitani , 148 AD3d 193, 197; Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 982). ... This established that the mortgage debt was accelerated in July 2009, and that, without more, the applicable six-year statute of limitations had expired by the time the plaintiff commenced the instant action in February 2016 ( see Albertina Realty Co. v Rosbro Realty Corp. , 258 NY 472, 476; Clayton Natl. v Guldi , 307 AD2d 982). In opposition, however, the plaintiff demonstrated that it revoked its election to accelerate the mortgage within six years of the acceleration.

CPLR 213(4) gives a lender six years from acceleration of the entire mortgage debt to bring a foreclosure action, unless the lender timely revokes acceleration.

HSBC Bank USA, N.A. v. Michael · filed 2021-02-17(4)

Here, in support of her motion, the defendant established that the six-year statute of limitations ( see CPLR 213[4]) began to run on the entire debt on May 13, 2009, when the plaintiff accelerated the mortgage debt by its commencement of the 2009 foreclosure action ( see U.S. Bank N.A. v Bernice 380 Corp ., 186 AD3d 1750, 1752). Since the instant action was commenced on February 17, 2016, more than six years after the mortgage debt was accelerated, the defendant sustained her initial burden of demonstrating, prima facie, that the action was untimely ( see id. at 1752; Bank of N.Y. Mellon v Yacoob , 182 AD3d at 568). However, in opposition, the plaintiff raised a triable issue of fact as to whether it timely revoked its election to accelerate the mortgage.

Section 213(4) gives a lender six years from acceleration of a mortgage debt to commence a foreclosure action, subject to an applicable savings provision.

Deutsche Bank Natl. Trust Co. v. Baquero · filed 2021-03-03(4)

In moving for summary judgment, the defendant established, prima facie, that the mortgage debt was accelerated when the plaintiff commenced the 2010 action and elected in the complaint to call due the entire amount secured by the mortgage ( see Freedom Mtge. Corp. v Engel , ___ NY3d ___, 2021 NY Slip Op 01090). The defendant further demonstrated that this action was commenced on September 20, 2017, more than six years later ( see CPLR 213[4]; Deutsche Bank Natl. Trust Co. v Gordon , 179 AD3d 770).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period; acceleration starts that period for the entire debt.

Nationstar Mtge., LLC v. Jackson · filed 2021-03-10(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see [*2]CPLR 213[4]). ... Where, however, a mortgage debt has been accelerated by, for example, the commencement of a foreclosure action, the statute of limitations begins to run on the entire debt ( see Citimortgage, Inc. v Ford , 186 AD3d 1609, 1609; Wells Fargo Bank, N.A. v Nesci , 186 AD3d 1584, 1586; Milone v US Bank N.A. , 164 AD3d 145, 151-152).

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

Capital One, N.A. v. Ludden · filed 2021-03-10(4)

Actions to foreclose a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]; U.S. Bank N.A. v Vitolo , 182 AD3d 627, 628; Milone v US Bank N.A. , 164 AD3d 145, 151). ... Contrary to the defendant's contention, the December 29, 2010 letter did not accelerate the mortgage debt ( see U.S. Bank N.A. v Gordon , 176 AD3d 1006, 1008). Rather, the language in the letter "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 Freedom Mtge. Corp. v Engel , ___ NY3d ___, 2021 NY Slip Op 01090; U.S. Bank N.A. v Vitolo , 182 AD3d at 628; Bank of N.Y. Mellon v Morris , 172 AD3d 1150, 1151; U.S. Bank N.A. v Sopp , 170 AD3d 776, 778; North Shore Invs. Realty Group, LLC v Traina , 170 AD3d 737, 738).

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

U.S. Bank N.A. v. Derissaint · filed 2021-04-07(4)

A mortgage foreclosure action is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the six-year statute of limitations began to run on the entire debt on October 6, 2009, when the plaintiff commenced the first foreclosure action and "elect[ed] to call due the entire amount secured by the mortgage."

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

HSBC Bank USA, N.A. v. King · filed 2021-04-07(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 mortgage foreclosure action six years; acceleration starts that period for the entire debt.

Pryce v. Nationstar Mtge., LLC · filed 2021-04-21(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 Ditmid Holdings, LLC v JPMorgan Chase Bank, N.A. , 180 AD3d 1002, 1003; U.S. Bank N.A. v Joseph , 159 AD3d at 970).

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

HSBC Bank USA, N.A. v. Hochstrasser · filed 2021-04-21(4)

Actions to foreclose a mortgage are governed by a six-year statute of limitations ( see CPLR 213[4]; Wells Fargo Bank, N.A. v Eitani , 148 AD3d 193, 197; Wells Fargo Bank, N.A. v Burke , 94 AD3d 980, 982).

A mortgage foreclosure action has a six-year limitations period, and a foreclosure action brought by a party without standing does not validly accelerate the debt.

BHMPW Funding, LLC v. Lloyd-Lewis · filed 2021-05-12(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... An acceleration of a mortgaged debt is only valid if the party making the acceleration had standing at that time to do so ( see Mejias v Wells Fargo N.A , 186 AD3d 472, 474; Milone v US Bank N.A. , 164 AD3d at 153). Here, the plaintiff demonstrated, prima facie, that the debt was never validly accelerated by submitting the complaint in the 2009 action, in which GMAC asserted that it was electing to accelerate the debt, and the order dated December 23, 2016, directing dismissal of the complaint in the 2009 action for lack of standing ( see Mejias v Wells Fargo N.A , 186 AD3d at 474; Diji v Deutsche Bank Natl. Trust Co. , 177 AD3d at 676).

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

Nunez v. U.S. Bank N.A.. · filed 2021-05-19(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]), which begins to run on the entire debt once the debt is accelerated ( see Ditmid Holdings, LLC v JPMorgan Chase Bank, N.A. , 180 AD3d at 1003).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period; a defendant seeking dismissal as time-barred must establish that the period expired despite a possible revocation of acceleration.

HSBC Bank USA, N.A. v. Alexis · filed 2021-06-02(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Wyonas failed to eliminate triable issues of fact as to whether the stipulation, which was endorsed by Alexis and the plaintiff's predecessor in interest, served to revoke the acceleration of the debt ( see Freedom Mtge. Corp. v Engel , ___ NY3d ___, 2021 NY Slip Op 01090). Therefore, Wyonas failed to satisfy its initial burden of demonstrating, prima facie, that the time within which to commence the action had expired.

CPLR 213(4) gives a lender six years from acceleration to commence a mortgage foreclosure action, subject to any applicable savings provision.

U.S. Bank N.A. v. Jalas · filed 2021-06-03(4)

Thus, defendant met his prima facie burden on his motion to dismiss as he established that the second action was commenced more than six years after the acceleration ( see CPLR 213 [4]; Bank of N.Y. Mellon v Slavin , 156 AD3d 1073, 1073-1074 [2017], lv dismissed 33 NY3d 1128 [2019]; see generally Freedom Mtge. Corp. v Engel , ___ NY3d ___, ___, 2021 NY Slip Op 01090, *2 [2021]).

A mortgage foreclosure action has a six-year limitations period that runs on the entire debt once the debt is accelerated.

Wilmington Sav. Fund Socy., FSB v. Rashed · filed 2021-06-09(4)

A mortgage foreclosure action is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Since neither South Point nor the plaintiff revoked the acceleration of the debt which occurred upon the filing of the 2008 action, by voluntary discontinuance or withdrawal of that action, the statute of limitations on the entire mortgage debt, which began to run in 2008, expired in 2014, more than three years before the plaintiff commenced this action in 2017 ( see ___ NY3d ___, 2021 NY Slip Op 01090; U.S. Bank N.A. v Singer , 192 AD3d 1182, 1186).

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

Everhome Mtge. Co. v. Aber · filed 2021-06-09(4)

"An action to foreclose a mortgage is subject to a six-year statute of limitations" ( Bank of N.Y. Mellon v Craig , 169 AD3d 627, 628; see CPLR 213[4]). ... Since the plaintiff did not commence this action until June 24, 2015, more than six years later, Equity sustained its initial burden of demonstrating, prima facie, that this action is time-barred ( see U.S. Bank N.A. v Martin , 144 AD3d 891, 892).

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

Nationstar Mtge., LLC v. Weisz · filed 2021-06-23(4)

A mortgage foreclosure action is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the six-year statute of limitations began to run on the entire debt on or about June 16, 2010, when HSBC commenced the 2010 action. Since the plaintiff did not commence the instant action until June 22, 2017, the defendants sustained their initial burden of demonstrating, prima facie, that the action was untimely ( see U.S. Bank N.A. v Derissaint , 193 AD3d at 791).

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

FV-1, Inc. v. Palaguachi · filed 2021-06-23(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 mortgage foreclosure action a six-year limitations period that begins to run on the entire debt when the debt is accelerated.

21st Mtge. Corp. v. Rivera · filed 2021-06-30(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]), which begins to run on the entire debt once the debt is accelerated ( see Ditmid Holdings, LLC v JPMorgan Chase Bank, N.A. , 180 AD3d 1002, 1003).

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.

U.S. Bank N.A. v. Tiburcio · filed 2021-08-04(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, in support of the cross motion, the defendant demonstrated that the six-year statute of limitations began to run on or about September 19, 2008, when the plaintiff accelerated the mortgage debt through its commencement of the 2008 action.

Mortgage foreclosure actions have a six-year limitations period; a voluntarily discontinued prior foreclosure action does not, by itself, establish that the period has expired.

U.S. Bank N.A. v. Francis · filed 2021-08-04(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... The defendant's evidence that the debt was accelerated by commencement of the 2010 action, which was later discontinued voluntarily, failed to demonstrate, prima facie, that an action to foreclose the subject mortgage was time-barred ( see Freedom Mtge. Corp. v Engel , 37 NY3d at 19).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; acceleration starts the period for the full debt, and revoking acceleration can affect when that period runs.

Emigrant Bank v. McDonald · filed 2021-08-04(4)

When properly invoked, an action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... In any event, contrary to the subordinate note holder's contention, the plaintiff's submissions, which included a loan modification agreement entered into between the plaintiff and the borrowers, demonstrated, prima facie, that the plaintiff revoked its prior election to accelerate the mortgage debt less than six years after the commencement of the 2007 action ( see Goshen Mtge., LLC v DePalma , 186 AD3d 1203, 1206; U.S. Bank Trust, N.A. v Rudick , 172 AD3d 1430, 1431; see also Golden v Ramapo Improvement Corp. , 78 AD2d at 650).

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions; the period runs on the entire debt once the mortgage is accelerated.

U.S. Bank, N.A. v. Heirs & distributees of the estate of Morris Kaplan · filed 2021-08-11(4)

A mortgage foreclosure action is subject to 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" ( Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867 [internal quotation marks omitted]). ... Here, the defendant Neil Zachary Kaplan (hereinafter the defendant) failed to sustain his initial burden of demonstrating, prima facie, that the action was untimely.

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. 117 Pulaski, LLC · filed 2021-08-18(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, in support of their separate motions, 117 Pulaski and Cubas demonstrated that the 2008 action, commenced on or about December 19, 2008, called due the entire debt. Since the plaintiff did not commence the instant action until May 25, 2017, these defendants established, prima facie, that the instant action was untimely ( see Deutsche Bank Natl. Tr. Co. v Baquero , 192 AD3d 660, 661, citing Freedom Mtge. Corp. v Engel , 37 NY3d 1).

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

Persaud v. U.S. Bank N.A. · filed 2021-09-01(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]), which begins to run on the entire debt once the debt is accelerated ( see Ditmid Holdings, LLC v JPMorgan Chase Bank, N.A. , 180 AD3d at 1003).

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

DePalma v. RoundPoint Mtge. Servicing Corp. · filed 2021-09-15(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Based on that fact alone, the six-year statute of limitations would have expired in April 2011 ( see CPLR 213[4]), and the DePalmas would have been entitled to summary judgment on the second cause of action pursuant to RPAPL 1501.

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

Bradley v. New Penn Fin., LLC · filed 2021-10-01(4)

A mortgage foreclosure action is subject to a six-year statute of limitations ( see CPLR 213 [4]). Once the debt has been accelerated by a demand, the statute of limitations begins to run on the entire debt ( see Federal Natl. Mtge. Assn. v Tortora , 188 AD3d 70, 74 [4th Dept 2020]). Thus, the statute of limitations expired before defendant's predecessor in interest voluntarily discontinued the foreclosure action.

CPLR 213(4) generally gives a plaintiff six years to commence a mortgage foreclosure action.

Wells Fargo Bank N.A. v. Kehres · filed 2021-11-10(4)

An action to foreclose a mortgage is generally subject to 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 debt is accelerated by commencement of a prior foreclosure action.

U.S. Bank Trust, N.A. v. Yozzo · filed 2021-11-17(4)

Donna established, prima facie, that the six-year statute of limitations ( see CPLR 213[4]) began to run in March 2010 when the plaintiff's predecessor in interest commenced the prior action to foreclose the mortgage, and that the plaintiff did not commence this action until October 2018, which was more than six years after the acceleration of the debt ( see Wilmington Sav. Fund Socy., FSB v Alam , 186 AD3d 1464, 1465).

A mortgage foreclosure action commenced within six years of a valid acknowledgment of the debt is timely.

Deutsche Bank Natl. Trust Co. v. MacPherson · filed 2021-12-01(4)

Since the instant mortgage foreclosure action was commenced within six years of the loan modification agreement, the plaintiff demonstrated, prima facie, that the action is not time-barred.

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

Scarso v. Wilmington Sav. Fund Socy., FSB · filed 2021-12-08(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 mortgage foreclosure action a six-year limitations period; an attempted acceleration does not start that period if the party accelerating the debt lacked standing.

HSBC Bank USA, N.A. v. Spitz · filed 2022-01-12(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... However, an acceleration of a mortgaged debt is only valid if the party making the acceleration had standing at that time to do so ( see Federal Natl. Mtge. Assn. v 4721 Ditmars Blvd, LLC , 196 AD3d 465). ... Accordingly, HSBC established, prima facie, that the loan was not accelerated by virtue of the commencement of the 2008 action, and the 2015 action was not barred by the statute of limitations ( see BHMPW Funding, LLC v Lloyd-Lewis , 194 AD3d 780, 782-783; cf. Wilmington Savings Fund Society, FSB v Rosenbaum , 197 AD3d 1132).

Section 213(4) gives six years to bring a mortgage foreclosure action; a purported acceleration by a party lacking standing does not start that period.

IPA Asset Mgt., LLC v. Bank of N.Y. Mellon · filed 2022-02-23(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Moreover, since the 2008 foreclosure action was dismissed on the ground that the defendant lacked standing, the commencement of that action as purported acceleration was a nullity, and the statute of limitations did not begin to run at the time of the purported acceleration ( see Federal Natl. Mtge. Assn. v 4721 Ditmars Blvd, LLC , 196 AD3d 465, 466-467; Mejias v Wells Fargo N.A. , 186 AD3d at 474).

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

Deutsche Bank Natl. Trust Co. v. Mecca · filed 2022-02-23(4)

The plaintiff accelerated the entire mortgage debt when it commenced the 2010 action and elected in the complaint to call due the entire amount secured by the mortgage. As the instant action was commenced five years after the plaintiff commenced the 2010 action, it is not time-barred ( see CPLR 213[4]; Citibank, N.A. v Kletzky , 196 AD3d at 461).

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

Citimortgage, Inc. v. Malek · filed 2022-02-23(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Since the instant action was commenced in November 2015, before the six-year limitations period expired, the plaintiff met its initial burden of demonstrating, prima facie, that this action was not time-barred.

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

Wells Fargo Bank, N.A. v. Yoo Mi Min · filed 2022-02-24(4)

Defendant established prima facie that this 2017 foreclosure action was commenced more than six years from the date on which the debt was accelerated (CPLR 213[4]; see Norddeutsche Landesbank Girozentrale v Tilton , 149 AD3d 152, 158 [1st Dept 2017]), and plaintiff failed to raise an issue of fact ( see MTGLQ Invs., LP v Wozencraft , 172 AD3d 644 [1st Dept 2019], lv denied 34 NY3d 1010 [2019]). The mortgage was accelerated when plaintiff's predecessor commenced the first foreclosure action in 2010 ( see Nationstar Mtge. LLC v Islam , 158 AD3d 553, 553 [1st Dept 2018]; City Sts. Realty Corp. v Jan Jay Constr. Enters. Corp. , 88 AD2d 558, 559 [1st Dept 1982]).

A mortgage foreclosure action has a six-year limitations period; once an installment debt is accelerated, that period runs on the entire debt.

Nationstar Mtge., LLC v. Mei Kuey Wu Huang · filed 2022-03-16(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 U.S. Bank N.A. v Davids , 197 AD3d 1203, 1204; Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867).

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

U.S. Bank N.A. v. Doura · filed 2022-04-06(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; Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867).

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

Bank of N.Y. Mellon v. Muriqi · filed 2022-05-04(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867). ... Here, the defendant established, prima facie, that this action was time-barred by showing that more than six years had elapsed since the debt was accelerated by the commencement of the 2009 action.

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; for an installment mortgage, the period begins to run on the entire debt when the lender clearly and unequivocally accelerates it.

Knox v. Countrywide Home Loans, Inc. · filed 2022-05-11(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... A notice of acceleration of a debt must be clear and unequivocal, and to constitute such clear and unequivocal acceleration of a debt, the notice must demand an immediate payment of the entire outstanding loan and not refer to acceleration only as a future event ( id. at 25; see U.S. Bank N.A. v Greenberg , 170 AD3d 1237, 1240). ... Thus, the 2012 notice did not set forth the defendants' clear and unequivocal election to accelerate the debt, but instead, was a letter discussing acceleration as a possible future event ( see Freedom Mtge. Corp. v Engel , 37 NY3d at 25-27; U.S. Bank N.A. v Greenberg , 170 AD3d at 1240).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period; a defendant claiming the period expired must establish when the debt was validly accelerated.

GSR Mtge. Loan Trust v. Epstein · filed 2022-05-18(4)

Pursuant to CPLR 213(4), an action to foreclose a mortgage is subject to a six-year statute of limitations ( see MLB Sub I, LLC v Clark , 201 AD3d 925, 926; HSBC Bank USA, N.A. v Spitz , 201 AD3d 708, 710; Bank of N.Y. Mellon v Mor , 201 AD3d 691, 694). ... Here, the defendants failed to demonstrate that the debt was validly accelerated by the commencement of the 2009 action.

A mortgage foreclosure action has a six-year limitations period; for an installment loan, the period runs separately for each payment unless the debt is accelerated.

Goldman v. Nationstar Mtge., LLC · filed 2022-05-25(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). Where, as here, the note calls for payments 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" ( Hudson City Sav. Bank, FSB v Schoenfeld , 172 AD3d 692, 692-693; see Pagano v Smith , 201 AD2d 632, 633). If the loan is accelerated, the entire balance of the debt accrues and the statute of limitations begins to run on the entire debt ( see Freedom Mtge. Corp. v Engel , 37 NY3d 1, 21; EMC Mtge. Corp. v Patella , 279 AD2d 604, 605).

Section 213(4) gives a mortgagee six years to bring a foreclosure action; the period begins when an installment is due, full payment may be demanded, or the debt is accelerated.

Bank of Am., N.A. v. Scher · filed 2022-05-25(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]), which begins to run from the due date of each unpaid installment, from the date the mortgagee is entitled to demand full payment, or from the date the mortgage debt has been accelerated ( see Fulton Holding Group, LLC v Lindoff , 165 AD3d 1057, 1059-1060; Bank of N.Y. Mellon v Celestin , 164 AD3d 733, 735; Zinker v Makler , 298 AD2d 516, 517).

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

Ditech Fin., LLC v. Connors · filed 2022-06-08(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867).

Section 213(4) gives six years to foreclose a mortgage; once an installment debt is accelerated, that period runs on the entire debt.

U.S. Bank N.A. v. Bhimsen · filed 2022-06-15(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 Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867).

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

Bank of N.Y. Mellon Trust Co., N.A. v. Bloom · filed 2022-06-22(4)

Here, in support of his motion for summary judgment dismissing the complaint insofar as asserted against him, the defendant established that the six-year statute of limitations period began to run on the entire debt in March 2009, when the plaintiff commenced the 2009 action to foreclose the mortgage ( see Wilmington Sav. Fund Socy., FSB v Rosenbaum , 197 AD3d 1132). Since the plaintiff did not commence this action until December 2016, more than 7½ years after the debt was accelerated, the defendant demonstrated, prima facie, that this action was untimely ( see id. ).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action after the claim accrues.

U.S. Bank National Association v. Mc Dermott · filed 2022-07-01(4)

Here, Defendants defaulted on their monthly mortgage payment on May 1, 2018 and failed to pay subsequent installments. (See Pl.’s 56.1 ¶ 7; see also Vargas Decl. ¶ 4.) Plaintiff brought this Action on January 14, 2020, when it filed its Complaint in this Court. (See Compl.) Thus, “Plaintiff is well within the six-year limitations period in filing this action.” Secured Asset Mgmt., 2019 WL 4861411, at *7.

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

Deutsche Bank Natl. Trust Co. v. Lubonty · filed 2022-07-06(4)

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

Section 213(4) gives a mortgage foreclosure action a six-year limitations period, with a separate period running from the due date of each unpaid installment.

Citibank, N.A. v. Jones · filed 2022-07-13(4)

An action to foreclose a mortgage must be commenced within six years ( see CPLR 213[4]). With respect to a mortgage debt payable in installments, separate causes of action accrue for each installment that is not paid, and the statute of limitations begins to run, on the date each installment becomes due ( see Citibank, N.A. v Kletzky , 196 AD3d 459).

A mortgage foreclosure action has a six-year limitations period that runs on the entire debt once it is accelerated; discontinuing the action after that period does not revoke the acceleration.

Bayview Loan Servicing, LLC v. Paniagua · filed 2022-07-27(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendant established, prima facie, that the mortgage debt was accelerated by the commencement of the 2010 action, more than six years prior to the commencement of this action. While the defendant's motion papers also demonstrated that the 2010 action was voluntarily discontinued by an order dated July 5, 2017, the discontinuation was not effective to revoke the acceleration of the debt because it did not occur during the six-year limitations period ( cf. U.S. Bank N.A. v Davids , 197 AD3d at 1205; Wells Fargo Bank, N.A. v Islam , 193 AD3d 1016, 1018).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period; acceleration starts that period for the entire debt, but a letter discussing acceleration as a possible future event does not accelerate it.

HSBC Bank USA v. Pantel · filed 2022-08-17(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( 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 ( see Freedom Mtge. Corp. v Engel , 37 NY3d 1, 21; Wilmington Sav. Fund Socy., FSB v Rashed , 195 AD3d 774, 775; HSBC Bank USA, N.A. v Corrales , 194 AD3d 1023, 1025). ... Here, a letter sent to the defendants dated May 16, 2010, did not effectively accelerate the mortgage debt, as this letter merely discussed acceleration as a possible future event ( see id. at 27; JPMorgan Chase Bank, N.A. v Garcete , 203 AD3d 1149; HSBC Bank USA, N.A. v King , 193 AD3d at 695).

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

Miss Jones LLC v. Shahid · filed 2022-09-30(4)

Under New York law, the statute of limitations for a mortgage-foreclosure action is six years. ... Accordingly, the Chase Letter did not accelerate the debt and trigger the statute of limitations.

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

U.S. Bank N.A. v. O'Rourke · filed 2022-10-05(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see [*2]CPLR 213[4]; MLB Sub I, LLC v Clark , 201 AD3d 925, 926).

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

U.S. Bank N.A. v. McLean · filed 2022-10-12(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 mortgage foreclosure action a six-year limitations period; a valid revocation of acceleration can make a later action timely.

21st Mtge. Corp. v. Lin · filed 2022-11-01(4)

The motion court correctly concluded that plaintiff's mortgage foreclosure action was not barred by the six-year statute of limitations (CPLR 213[4]). While the statute of limitations began to run on November 20, 2009, upon the prior mortgagee's commencement of the initial foreclosure action and acceleration of the loan, plaintiff, the assignee of the mortgage, clearly and validly revoked the acceleration of the loan on November 19, 2015, when it sent a letter informing the mortgagor that the loan was "hereby de-accelerated" and that "immediate payment of all sums owed is hereby withdrawn and the Loan is re-instituted as an installment loan" ( see Freedom Mtge. Corp. v Engel , 37 NY3d 1, 29 [2021]; U.S. Bank Trust, N.A. v Mohammed , 197 AD3d 1205, 1206-1207 [2d Dept 2021]; U.S. Bank N.A. v Papanikolaw , 197 AD3d 767, 770 [2d Dept 2021]). As plaintiff's foreclosure action was commenced within six years of the de-acceleration of the loan, the action was timely.

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

HSBC Bank USA, N.A. v. Waldman · filed 2022-11-02(4)

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

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

MTGLQ Invs., LP v. Zaveri · filed 2022-11-10(4)

Thus, defendant, as the proponent for summary judgment, met her initial burden on the motion of establishing that the instant action was time-barred inasmuch as it was commenced more than six years beyond the acceleration of the debt ( see Bank of N.Y. Mellon v Slavin , 156 AD3d 1073, 1073-1074 [3d Dept 2017], lv dismissed 33 NY3d 1128 [2019]; Schumaker v Boehringer Mannheim Corp./DePuy , 272 AD2d 870, 870 [4th Dept 2000]; see generally CPLR 213 [4]).

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

Everhome Mortgage Company v. Aber · filed 2022-11-17(4)

Plaintiff did not commence this second foreclosure action until June 24, 2015, more than six years after acceleration of the debt (see CPLR 213 [4]).

Section 213(4) provides a six-year limitations period for a mortgage foreclosure action after the mortgage debt is accelerated.

McWhite v. I & I Realty Group, LLC · filed 2022-11-30(4)

Moreover, McWhite established, prima facie, that the foreclosure action accelerated the mortgage debt, that the foreclosure action was dismissed as abandoned pursuant to CPLR 3215(c), and the commencement of a new foreclosure action would be time-barred by the applicable six-year statute of limitations ( see CPLR 213[4]; 1081 Stanley Ave., LLC v Bank of N.Y. Mellon Trust Co., N.A. , 179 AD3d 984, 986; JBR Constr. Corp. v Staples , 71 AD3d at 953).

Section 213(4)’s six-year limitations period begins when a mortgage debt is accelerated by commencement of a foreclosure action.

Berdoe v. Federal Natl. Mtge. Assn. · filed 2022-12-15(4)

The six-year statute of limitations began to run once the mortgage debt was accelerated by commencement of the prior foreclosure action by defendant's servicer, SunTrust Mortgage Inc., on October 15, 2009 (CPLR 213[4]; Citimortgage, Inc. v Dalal , 187 AD3d 567 [1st Dept 2020]; see also Capital One, N.A. v Saglimbeni , 170 AD3d 508, 509 [1st Dept 2019]).

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

U.S. Bank N.A. v. Dallas · filed 2023-01-11(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. , 34 NY3d 250, 261). Where the mortgage debt is accelerated, the entire balance of the debt accrues and the statute of limitations begins to run on the full amount due ( see Freedom Mtge. Corp. v Engel , 37 NY3d 1, 21; Lubonty v U.S. Bank N.A. , 34 NY3d at 261).

Section 213(4)'s limitations period for a mortgage foreclosure action can expire while a dismissed action awaits restoration.

Onewest Bank, FSB v. Harrington · filed 2023-02-01(4)

The plaintiff furthermore failed to establish a reasonable excuse for its delay of 3½ years in moving to restore the action to the calendar ( see CPLR 5015[a][1]; U.S. Bank, N.A. v Dorvelus , 140 AD3d 850), which delay allowed the statute of limitations to expire ( see CPLR 213[4]) six months prior to GG & G's purchase of the subject property ( see 21st Mtge. Corp. v Balliraj , 177 AD3d 687).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period that can begin when an earlier foreclosure action is commenced.

Citibank, N.A. v. Bailey · filed 2023-02-10(4)

With respect to the merits of that defense, there is no dispute that the statute of limitations began to run no later than [*2]November 19, 2014, when plaintiff's predecessor-in-interest commenced an earlier mortgage foreclosure action against, inter alia, decedent that was ultimately dismissed on the motion of the defendants ( see CPLR 213 [4]; Business Loan Ctr., Inc. v Wagner , 31 AD3d 1122, 1123 [4th Dept 2006]; see generally Freedom Mtge. Corp. v Engel , 37 NY3d 1, 19, 21 [2021], rearg denied 37 NY3d 926 [2021]). Thus, as defendant correctly contends, the six-year statute of limitations expired prior to both the order granting plaintiff's application to amend the complaint and its filing and service of the same on defendant.

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

HSBC Bank USA, N.A. v. Francis · filed 2023-02-22(4)

Here, on her motion, the defendant demonstrated that the 2008 action called due the entire debt and that the 2017 action was therefore untimely under the applicable six-year statute of limitations ( see CPLR 213[4]; Wilmington Sav. Fund Socy., FSB v 117 Pulaski, LLC , 197 AD3d 686, 687).

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

Federal Natl. Mtge. Assn. v. Bandhu · filed 2023-03-08(4)

An action to foreclose a mortgage is [*3]subject to a six-year statute of limitations ( see CPLR 213[4]; Citibank, N.A. v Kletzky , 196 AD3d 459, 461).

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

MTGLQ Invs., L.P. v. Singh · filed 2023-05-24(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. , 34 NY3d 250, 261; U.S. Bank N.A. v Dallas , 212 AD3d 680, 682).

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

U.S. Bank N.A. v. Outlaw · filed 2023-06-07(4)

Here, the defendant established, prima facie, that the statute of limitations began to run on the entire debt in 2008, when LaSalle commenced the prior action and elected to call due the entire amount secured by the mortgage ( see U.S. Bank N.A. v Doura , 204 AD3d 721, 723; Wilmington Sav. Fund Socy., FSB v Iqbal , 195 AD3d 772, 773). The defendant further demonstrated, prima facie, that since the plaintiff did not commence this action until 2017, more than six years later, this action was time-barred ( see CPLR 213[4]; U.S. Bank N.A. v Doura , 204 AD3d at 723).

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

Sycp, LLC v. Evans · filed 2023-06-07(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]; Capital One, N.A. v Ludden , 192 AD3d 752).

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

U.S. Bank N.A. v. Santos · filed 2023-07-26(4)

Here, the defendants demonstrated that the 2009 action was commenced, and the debt accelerated, in October 2009, that the statute of limitations expired six years later in October 2015 ( see CPLR 213[4]; U.S. Bank N.A. v Bhimsen , 206 AD3d 846, 849), and that the plaintiff did not commence this action until January 2020. Thus, the defendants established, prima facie, that this action was time-barred ( see Deutsche Bank Natl. Trust Co. v Gordon , 179 AD3d 770, 773).

Section 213(4) sets a six-year limitations period for an action on a mortgage loan debt.

Gabriel v. Newrez LLC · filed 2023-03-21(4)

As Gabriel acknowledges, New York’s statute of limitations for a mortgage loan debt is six years. Pl. Reply 7–8; see N.Y. C.P.L.R. § 213(4). Thus, the last possible date on which a lawsuit could have been commenced was April 15, 2017, six years after the last payment on Rosemond’s loan came due.

Section 213(4) gives six years to sue on a promissory note secured by a mortgage; installment claims accrue when each payment is due, while acceleration starts the six-year period for the entire debt.

Windward Bora LLC v. Browne · filed 2023-03-31(4)

The limitations period for breach of a promissory note secured by a mortgage is six years. CPLR § 213(4); Cannell, 180 A.D.3d at 458, 118 N.Y.S.3d at 596-97. With respect to an instrument payable in installments, "separate causes of action accrue for each installment that is not paid, and the statute of limitations begins to run, on the date each installment becomes due." Wilmington Tr., Nat'l Ass'n v. Dawson, 174 A.D.3d 673, 674-75, 104 N.Y.S.3d 174, 176 (2d Dep't 2019). Thus, "[a] default on a single installment payment does not trigger the running of the statute of limitations on the entire debt[.]" Cannell, 180 A.D.3d at 458, 118 N.Y.S.3d at 597.

Section 213(4) imposes a six-year limitation period on mortgage foreclosure actions, and paragraph (b) addresses when a defendant is estopped from disputing valid acceleration.

Reinman v. Deutsche Bank Natl. Trust Co. · filed 2023-04-05(4)(b)

As part of the recently enacted Foreclosure Abuse Prevention Act (L 2022, ch 821), effective December 30, 2022, CPLR 213(4) was amended, inter alia, by adding paragraph (b), which provides that "[i]n any action seeking cancellation and discharge of record of an instrument described under [RPAPL 1501(4)], a defendant shall be estopped from asserting that the period allowed by the applicable statute of limitation for the commencement of an action upon the instrument has not expired because the instrument was not validly accelerated prior to, or by way of commencement of a prior action, unless the prior action was dismissed based on an expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated."

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

MTGLQ Invs., L.P. v. Baksh · filed 2023-04-05(4)

"An action to foreclose a mortgage is subject to a six-year statute of limitations" ( Nationstar Mtge., LLC v Jackson , 192 AD3d 813, 814; see CPLR 213[4]).

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

Bush N Stuy Corp. v. Bayview Loan Servicing, LLC · filed 2023-04-26(4)

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

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

Select Portfolio Servicing, Inc. v. Sampson · filed 2023-05-03(4)

Mortgage foreclosure actions are governed by a six-year statute of limitations ( see CPLR 213[4]; Capital One, N.A. v Ludden , 192 AD3d 752, 752). ... Here, Beach 65 demonstrated, prima facie, that this action was time-barred by showing that more than six years had elapsed since the debt was accelerated by the commencement of the 2008 action ( see Bank of N.Y. Mellon v Muriqi , 205 AD3d 667, 668). ... Accordingly, the Supreme Court properly granted that branch of Beach 65 s cross-motion which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it as time-barred.

Section 213(4) gives mortgage foreclosure actions a six-year statute of limitations, and subsection (4)(a) prevents a plaintiff from denying valid acceleration in the stated circumstances.

Bank of N.Y. Mellon v. Stewart · filed 2023-05-10(4)(a)

Pursuant to CPLR 213(4), an action to foreclose a mortgage is subject to a six-year statute of limitations ( see GMAT Legal Title Trust 2014-1 v Kator , 213 AD3d 915; GSR Mtge. Loan Trust v Epstein , 205 AD3d 891, 892).

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

U.S. Bank N.A. v. Simon · filed 2023-05-17(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. , 34 NY3d 250, 261).

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

U.S. Bank N.A. v. Onuoha · filed 2023-05-17(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see id. § 213[4]; Lubonty v U.S. Bank N.A. , 159 AD3d 962, 963).

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

Bank of N.Y. Mellon v. Joseph · filed 2023-05-31(4)

A mortgage foreclosure action is subject to 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" ( Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867 [internal quotation marks omitted]).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period, and voluntary discontinuation does not reset that period.

Deutsche Bank Natl. Trust Co. v. Natal · filed 2023-06-21[4]

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... While Vasquez's motion papers also demonstrated that the prior action was voluntarily discontinued, the discontinuation was not effective to reset the limitations period ( see CPLR 3217[e]; see also CPLR 203[h]). ... The plaintiff is estopped from asserting that the mortgage was not validly accelerated in the prior action, since the prior action was discontinued without an expressed judicial determination that the mortgage was not validly accelerated ( see CPLR 213[4][a]).

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

ARCPE 1, LLC v. DeBrosse · filed 2023-06-28(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. , 34 NY3d 250, 261; U.S. Bank N.A. v Dallas , 212 AD3d 680, 682). ... Here, the defendants demonstrated, prima facie, that the six-year statute of limitations began to run in February 2010, when Copperfield commenced the 2010 foreclosure action and elected to call due the entire amount secured by the mortgage ( see U.S. Bank N.A. v Doura , 204 AD3d 721, 723; Wilmington Sav. Fund Socy., FSB v Iqbal , 195 AD3d 772, 773).

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

Fried v. CIT Bank, N.A. · filed 2023-07-11(4)

The statute of limitations for commencing a foreclosure action in New York is six years, measured from the lender’s acceleration of the mortgage.

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

Abadin v. HSBC Bank USA, N.A. · filed 2023-08-02(4)

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

Section 213 requires an action on a bond or note secured by a mortgage on real property to be commenced within six years.

Holmes v. New Rez, LLC · filed 2023-08-08(4)

Section 213 of the New York Civil Practice Law and Rules provides that “an action upon a bond or note, the payment of which is secured by a mortgage upon real property,” must be commenced within six years.

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

CIT Bank, N.A. v. Byers · filed 2023-10-04(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. , 34 NY3d 250, 261).

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

Wells Fargo Bank, N.A. v. Frankel · filed 2023-10-25(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. , 34 NY3d 250, 261).

Section 213(4) gives mortgage foreclosure actions a six-year limitations period, which begins for the entire debt upon a valid acceleration; an acceleration by a party lacking standing is ineffective.

U.S. Bank N.A. v. Marrero · filed 2023-11-01(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Under such circumstances, any purported acceleration was a nullity, and the statute of limitations did not begin to run at that time ( see Federal Natl. Mtge. Assn. v 4721 Ditmars Blvd, LLC , 196 AD3d 465, 466-467; cf. Bank of New York Mellon v Stewart , 216 AD3d 720).

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

Ronen, LLC v. Hanipoly · filed 2023-11-08(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. , 34 NY3d 250, 261; U.S. Bank N.A. v Dallas , 212 AD3d 680). ... Here, in support of its cross-motion, the defendant established, prima facie, that the mortgage debt was accelerated on August 4, 2009, when JP Morgan, the plaintiff's predecessor in interest, commenced the 2009 action and elected in the complaint to call due the entire amount secured by the mortgage ( see MTGLQ Invs., LP v Lopez , 204 AD3d 991, 992; U.S. Bank N.A. v Doura , 204 AD3d 721, 723). The defendant further established that this action was commenced in 2019, more than six years later ( see CPLR 213[4]; U.S. Bank N.A. v Doura , 204 AD3d at 723).

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

HSBC Bank USA, N.A. v. Islam · filed 2023-11-08(4)

"Pursuant to CPLR 213(4), an action to foreclose a mortgage is subject to a six-year statute of limitations" ( GMAT Legal Tit. Tr. 2014-1 v Kator , 213 AD3d 915, 916; see GSR Mtge. Loan Trust v Epstein , 205 AD3d 891, 892; MLB Sub I, LLC v Clark , 201 AD3d 925, 926). "Even if the mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and payable, and the statute of limitations begins to run on the entire debt" ( GMAT Legal Title Trust 2014-1 v Kator , 213 AD3d at 916; see Bank of N.Y. Mellon Corp. v Alvarado , 189 AD3d 1149, 1150; Deutsche Bank Natl. Trust Co. v Adrian , 157 AD3d 934, 935). ... Thus, we reverse the order entered December 7, 2021, insofar as appealed from, and, upon renewal, adhere to the determination in the order entered April 12, 2019, granting the defendant's motion pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against him as time-barred.

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; a junior mortgagee’s surplus claim was timely because it appeared and asserted the claim in the senior foreclosure within that period.

Maspeth Fed. Sav. & Loan Assn. v. O'Connell · filed 2023-11-22(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... However, Citibank demonstrated that it had appeared and participated in this action in January 2010 by the filing of a notice of appearance, claim to and demand for surplus monies, and notice of demand for deficiency judgment. Accordingly, all parties to this action were on notice of Citibank's appearance in the foreclosure action, and its claim to the surplus funds was not barred by the statute of limitations ( see NYCTL 1997-1 Trust v Stell , 184 AD3d at 15-18; Bennardo v Del Monte Caterers, Inc. , 27 AD3d 503, 505; Dime Sav. Bank of N.Y. v Boklan , 1989 WL 35946, *4, 1989 US Dist LEXIS 3794, *10-11 [ED NY, No. CV 86-2664]).

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

Green Tree Servicing, LLC v. Weiss · filed 2023-12-06(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. , 34 NY3d 250, 261; U.S. Bank N.A. v Dallas , 212 AD3d 680, 682). ... Contrary to the plaintiff's contention, the defendants demonstrated, prima facie, that this action was time-barred by showing that more than six years had elapsed since the debt was accelerated by the commencement of the 2009 action ( see U.S. Bank N.A. v Onuoha , 216 AD3d 1069, 1072; Select Portfolio Servicing, Inc. v Sampson , 216 AD3d 693, 694).

Section 213(4) estops a plaintiff from denying valid mortgage acceleration after the limitations period expires, unless the prior action was dismissed based on an express judicial determination that the instrument was not validly accelerated.

Pennymac Corp. v. Erneste · filed 2023-12-06(4)

Pursuant to CPLR §213 (4), where a prior action was commenced, a plaintiff is estopped from asserting that a debt was not validly accelerated where the Statute of Limitation has expired, unless the prior action was dismissed based on an expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated.

Section 213(4)(b) estops a defendant in a mortgage cancellation action from claiming the limitations period has not expired because the mortgage was not validly accelerated, unless a prior action was dismissed on an express judicial determination after a timely defense.

Article 13 LLC v. Central Mortgage Company · filed 2023-08-11(4)(b)

Section 7 of the FAPA also amends CPLR § 213(4), adding, in relevant part, subsection (b): ... FAPA § 7 (codified at CPLR § 213(4)(b)). ... As a result, even if CMC lacked standing at the time it initiated the Foreclosure Action, under the FAPA, Defendant LaSalle is now estopped from claiming that this acceleration event was not valid unless it had interposed a timely defense, which it did not do. The applicable six-year statute of limitations for commencing a foreclosure action under RPAPL § 1501(4) has therefore expired.

Section 213(4) requires a mortgage foreclosure action to be commenced within six years, with the period running on the full accelerated debt.

U.S. Bank N.A. v. 32-49 107 St., Inc. · filed 2023-08-16(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]; U.S. Bank N.A. v Dallas , 212 AD3d 680, 682). Where the mortgage debt is accelerated, the entire balance of the debt accrues and the statute of limitations begins to run on the full amount due ( see U.S. Bank N.A. v Dallas , 212 AD3d at 682).

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

Aspen Props. Group, LLC v. Preston · filed 2023-09-27(4)

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

CPLR 213(4)(a) applies a six-year limitations period to mortgage foreclosure actions and estops a plaintiff from denying an earlier acceleration unless the prior action was dismissed based on a specified judicial determination.

Bank of N.Y. Mellon v. DeMatteis · filed 2023-10-18(4)(a)

Under the recently enacted Foreclosure Abuse Prevention Act (L 2022, ch 821; hereinafter FAPA), which amended CPLR 213(4), where, as here, the statute of limitations is raised as a defense in a mortgage foreclosure action, "'and if that defense is based on a claim that the instrument at issue was accelerated prior to, or by way of commencement of a prior action, a plaintiff shall be estopped from asserting that the instrument was not validly accelerated, unless the prior action was dismissed based on an expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated'" ( GMAT Legal Title Trust 2014-1 v Kator , 213 AD3d at 916-917, quoting CPLR 213[4][a]).

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

U.S. Bank N.A. v. Armand · filed 2023-10-25(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. , 34 NY3d 250, 261; U.S. Bank N.A. v Dallas , 212 AD3d 680, 682).

CPLR 213(4) imposes a six-year statute of limitations on mortgage foreclosure actions, running on the entire debt once the mortgage is accelerated.

Johnson v. Cascade Funding Mtge. Trust 2017-1 · filed 2023-10-25[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; Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867).

Section 213(4) imposes a six-year limitations period for mortgage foreclosure actions and estops a plaintiff from denying a prior acceleration unless the prior action was dismissed on an express judicial determination that the instrument was not validly accelerated.

US Bank Trust, N.A. v. Reizes · filed 2023-12-20(4)(a)

Pursuant to CPLR 213(4), as amended by FAPA, "[i]n any action on an instrument described under this subdivision, if the statute of limitations is raised as a defense, and if that defense is based on a claim that the instrument at issue was accelerated prior to, or by way of commencement of a prior action, a plaintiff shall be estopped from asserting that the instrument was not validly accelerated, unless the prior action was dismissed based on an expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated " ( id. § 213[4][a] [emphasis added]; see GMAT Legal Title Trust 2014-1 v Kator , 213 AD3d 915, 916-917).

Section 213(4) gives a mortgage foreclosure action six years from acceleration of the debt, subject to applicable tolling.

Wells Fargo Bank, N.A. v. Welch · filed 2024-01-11(4)

Here, the six-year statute of limitations began running on the entire mortgage on August 6, 2009. Tolling the statute of limitations for the duration of the bankruptcy proceedings — nine months and 18 days — the statute of limitations expired on May 24, 2016.

CPLR 213(4) imposes a six-year limitations period on a mortgage foreclosure action, running on the full debt when the mortgage debt is accelerated.

HSBC Bank USA, N.A. v. Corrales · filed 2024-02-21(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]; U.S. Bank N.A. v Simon , 216 AD3d 1041, 1042). Where the mortgage debt is accelerated, the entire balance of the debt accrues and the statute of limitations begins to run on the full amount due ( see U.S. Bank N.A. v Simon , 216 AD3d at 1042).

For mortgage foreclosure actions, the limitations period is six years, running separately for unpaid installments until the debt is accelerated, after which it runs on the entire debt.

Wells Fargo Bank, N.A. v. Segall · filed 2024-01-31(4)

An action to foreclose on a mortgage is subject to a six (6)-year statute of limitations. ee CPLR § 213 (4 ). Because a mo1tgage is typically payable in installments, a separate cause of action accrues as to each installment that is not paid, and the statute begins to run from the respective due date fo r each installment.

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

Longbridge Fin., LLC v. Admin Realty LLC · filed 2024-02-06(4)

CPLR §213(4) provides that "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 (6) years ( see CPLR §213[4]).

Section 213(4) provides a six-year limitations period, and a defendant makes a prima facie showing of untimeliness when a foreclosure action is commenced more than six years after an earlier action accelerated the loan.

HSBC Bank USA v. Gifford · filed 2024-02-08(4)

As for the timeliness of this action, defendant demonstrated prima facie that the action was commenced more than six years after plaintiff commenced a prior foreclosure action in 2013, which accelerated the loan.

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

Wilmington Trust Co. v. Yonkus · filed 2024-02-21(4)

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

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

CIT Bank, N.A. v. Zisman · filed 2024-02-26(4)

Under New York law, “once a mortgage debt is accelerated, the entire amount is due and the [s]tatute of [l]imitations begins to run on the entire debt.” U.S. Bank Nat’l Ass’n v. Sopp, 95 N.Y.S.3d 261, 263 (App. Div. 2019) (citations omitted). ... Taking that language into account, the district court did not err in holding that the filing of this affidavit in the first foreclosure action, in which the Zismans were also defendants, was an unequivocal overt act demonstrating CIT Bank’s election to accelerate the loan.

Section 213(4) imposes a six-year statute of limitations on foreclosure actions, running on the entire mortgage balance when the debt is accelerated.

Deutsche Bank Natl. Trust Co. v. Deluca · filed 2024-02-29(4)

"an action for foreclosure is subject to a six-year statute of limitations which begins to accrue upon each unpaid installment; however, where the noteholder accelerates the debt through the commencement of a foreclosure action, the entire debt becomes due and the statute of limitations begins to run on the entire balance of the mortgage" ( Wells Fargo Bank, N.A. v Welch , 223 AD3d 993, ___, 2024 NY Slip Op 00102, *1 [3d Dept 2024]; see CPLR 213 [4]; Everhome Mtge. Co. v Aber , 39 NY3d 949, 950 [2022]; Freedom Mtge. Corp. v Engel , 37 NY3d 1, 22 [2021]).

Section 213(4) gives mortgage foreclosure actions a six-year statute of limitations, beginning on the full debt when the mortgage debt is accelerated.

U.S. Bank N.A. v. Lucero · filed 2024-03-20(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; U.S. Bank N.A. v Simon , 216 AD3d 1041, 1042). Where the mortgage debt is accelerated, the entire balance of the debt accrues and the statute of limitations begins to run on the full amount due ( see U.S. Bank N.A. v Simon , 216 AD3d at 1042). An acceleration of a mortgage debt can occur when a creditor commences an action to foreclose upon a note and mortgage and seeks payment of the full balance due in the complaint ( see Johnson v Cascade Funding Mtge. Trust 2017-1 , 220 AD3d 929).

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

Wilmington Savings Fund Society, FSB v. Bernash · filed 2024-03-26(4)

“In New York, an action to foreclose on a mortgage is subject to a six-year statute of limitations.”

Section 213(4) allows a mortgage foreclosure action to recover unpaid sums that became due within the six years before the action was commenced.

Bank of N.Y. Mellon v. Fergus · filed 2024-03-27(4)

"As.a_general mattei", an action to foreclose a ·mortgage 1il.ay be brought to recovet- tmfiaid ~u11i.s_: which were due within the six-year period immediately preceding the comm~ncemcnt of the action" (Wells·_Fargo ]Ja,ik, N.~f v B1_1rke, 94-A..D3d 980; 982 [2d Dept 20.12]~ c"it1t1.g CPLR 213" [4]). ... This establishes,.pri11u r/i'1de, thaJ_; i) the-.s.~Lbje1::t mmtgage was accelerated on. July 31, 2008; 2) the statute of limitations .to coliect on the debt expired on July 31, 2,_0.-i 4; and 3-). the instant actio1t conimertced :on June 11,. 2015 was untimely.

Section 213(4) gives mortgage foreclosure actions a six-year statute of limitations, which begins running on the entire debt once the mortgage debt is accelerated.

Pryce v. U.S. Bank, N.A. · filed 2024-04-03(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). "[E]ven if the 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" ( Bush N Stuy Corp. v Bayview Loan Servicing, LLC , 215 AD3d at 918 [internal quotation marks omitted]).

Section 213 provides a six-year limitations period for contractual obligations and for fiduciary-duty claims where fraud is essential.

Kefalas v. Pappas · filed 2024-04-10(2), (8)

The statute of limitations for an action upon a contractual obligation or liability, express or implied, is six years ( see CPLR 213[2]; Rabinowitz v Grosso , 216 AD3d 822, 823; Mosab Constr. Corp. v Prospect Park Yeshiva, Inc. , 124 AD3d 732, 733). ... "Moreover, where an allegation of fraud is essential to a breach of fiduciary duty claim, courts have applied a six-year statute of limitations under CPLR 213(8)" ( id. at 913 [internal quotation marks omitted]).

Section 213(4) provides a six-year limitations period for mortgage foreclosure; acceleration starts that period for the entire debt.

MTGLQ Invs., LP v. Foshee · filed 2024-04-23(4)

An action to foreclose a mortgage may be brought to recover unpaid amounts due within the six-year period immediately preceding the action (see CPLR § 213[4]; U.S. Bank N.A. v Corcuera, 217 AD3d 896, 897, 191 NYS3d 717 [2d Dept 2023]; Everhome Mtge. Co. v Aber , 195 AD3d 682, 151 NYS3d 55 [2d Dept 2021] aff'd 39 NY3d 949, 178 NYS3d 8 [2022]).

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

US Bank N.A. v. Caldwell · filed 2024-04-24(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]; Lubonty v U.S. Bank N.A. , 34 NY3d 250, 261). Where the mortgage debt is accelerated, the entire balance of the debt accrues and the statute of limitations begins to run on the full amount due ( see GMAT Legal Title Trust 2014-1 v Kator , 213 AD3d 915, 916; EMC Mtge. Corp. v Patella , 279 AD2d 604, 605).

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

Deutsche Bank Natl. Trust Co. v. Heitner · filed 2024-04-24(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendants established, prima facie, that the statute of limitations began to run on the entire debt in 2009, when the plaintiff commenced the 2009 foreclosure action and elected to call due the entire amount secured by the mortgage ( see U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722; U.S. Bank N.A. v Doura , 204 AD3d 721, 723).

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

Kandinov v. Deutsche Bank Natl. Trust Co. · filed 2024-05-01(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" ( Bank of N.Y. Mellon v Mor , 201 AD3d 691, 694; see U.S. Bank N.A. v Connor , 204 AD3d 861, 862-863). Here, the mortgage debt was accelerated, and the statute of limitations began to run, on December 3, 2010, when the bank commenced the foreclosure action in which it elected to call due the entire amount secured by the mortgage ( see Anglestone Real Estate Venture Partners Corp. v Bank of N.Y. Mellon , 221 AD3d 943, 947).

Section 213(1) gives claims to establish a lien through equitable mortgage or equitable subrogation a six-year limitations period that begins no later than recording of the mortgage and note.

Wells Fargo Bank, N.A. v. Green · filed 2024-05-08(1)

A cause of action seeking to establish a lien pursuant to the doctrine of equitable mortgage or the doctrine of equitable subrogation is also governed by a six-year statute of limitations [*2]( see CPLR 213[1]; see also Wells Fargo Bank, N.A. v Burke , 155 AD3d 668, 670). Under the circumstances of this case, the causes of action pursuant to the doctrines of equitable subrogation and equitable mortgage accrued no later than when the subject mortgage and note were recorded in 2008 ( see HSBC Bank USA, N.A. v Parker , 180 AD3d 1026, 1029; U.S. Bank N.A. v Salem , 164 AD3d 1289, 1290; Wells Fargo Bank, N.A. v Burke , 155 AD3d at 670).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action, starting when the lender accelerates the entire debt by commencing foreclosure and seeking the full balance.

Maneri v. Residential Funding Co., LLC · filed 2024-05-08(4)

Here, the plaintiff demonstrated, prima facie, that the six-year statute of limitations began to run in September 2012, when Residential Funding commenced the 2012 foreclosure action and elected to call due the entire amount secured by the mortgage ( see ARCPE 1, LLC v DeBrosse , 217 AD3d 999, 1001; U.S. Bank N.A. v Doura , 204 AD3d 721, 723). The plaintiff also demonstrated that, after Residential Funding discontinued the 2012 foreclosure action, it did not commence another foreclosure action within the six-year period from when the debt was accelerated and therefore, any future foreclosure action would be time-barred ( see CPLR 213[4]; ARCPE 1, LLC v DeBrosse , 217 AD3d at 1001).

When a mortgage loan is accelerated by a foreclosure action, a later foreclosure action brought within six years of that acceleration is timely under § 213(4).

US Bank N.A. v. Narain · filed 2024-05-09(4)

Accordingly, to the extent that the filing of the 2013 foreclosure action accelerated the loan, the instant action was brought within six years of such acceleration and, therefore, is timely ( see CPLR 213[4]; Berdoe v Federal Natl. Mtge. Assn. , 211 AD3d 519 [1st Dept 2022]).

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

Weininger v. Deutsche Bank Natl. Trust Co. · filed 2024-05-30(4)

The plaintiffs demonstrated that after Deutsche Bank discontinued the 2010 action, the 2015 action was dismissed, and it did not commence another foreclosure action within the six-year period from when the debt was accelerated, that is, by October 26, 2016.

Section 213(4)'s six-year period for a mortgage foreclosure action runs from acceleration of the debt.

U.S. Bank N.A. v. Cogen · filed 2024-06-03(4)

The commencement of the 2006 action was an unequivocal act of acceleration of the debt. Among other things, the complaint expressly stated that MERS was electing to declare the entire principal balance to be due and owing. Based upon the foregoing, Defendant established that the statute of limitations in this matter accrued in 2006 and that more than six-years past before this action was commenced.

Section 213(4)'s six-year period for mortgage foreclosure actions is tolled during the FHA COVID-19 moratorium for federally backed mortgages.

Trento 67, LLC v. OneWest Bank, N.A. · filed 2024-06-12(4)

Thus, absent tolling or other modification of the limitations period, the statute of limitations would have expired on April 4, 2020 ( see CPLR 213[4]; Lubonty v U.S. Bank N.A. , 34 NY3d at 252, 256). However, for reasons set forth herein, we agree with the Supreme Court that the FHA COVID-19 moratorium effectively tolled the statute of limitations from March 18, 2020, through July 31, 2021. Thus, the current foreclosure action was timely commenced on August 1, 2021, and the quiet title action was properly dismissed.