N.Y. C.P.L.R. § 213

Section 213(4)(a) treats an attempted acceleration in a foreclosure action dismissed for lack of standing as a nullity for limitations purposes.

Deutsche Bank Natl. Trust Co. v. Saavedra · filed 2024-06-20(4)(a)

The plaintiff demonstrated, prima facie, that the debt was never validly accelerated prior to the commencement of this action, as the prior action to foreclose the subject mortgage, commenced in 2007, was dismissed upon the court's determination that the plaintiff in that action lacked standing to commence that action ( see CPLR 213[4][a]; U.S. Bank N.A. v Pearl-Nwabueze , 218 AD3d 824, 826-827). Therefore, the alleged acceleration was a nullity ( see Deutsche Bank Natl. Trust Co. v Limtcher , 193 AD3d 686).

CPLR 213(4) gives a mortgagee six years to commence foreclosure after the mortgage debt is accelerated.

2078 Mgt., LLC v. US Bank Trust, N.A. · filed 2024-07-24(4)

Here, the plaintiff demonstrated, prima facie, that the mortgage debt was accelerated and that the six-year statute of limitations began to run in October 2009 when CitiMortgage commenced the 2009 foreclosure action and elected to call due the entire amount secured by the mortgage ( see Deutsche Bank Natl. Trust Co. v Wong , 218 AD3d 742, 743-744). Since the 2018 foreclosure action was commenced more than six years later, the plaintiff established, prima facie, that an action to foreclose the mortgage was time-barred ( see CPLR 213[4]).

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

Wells Fargo Bank, N.A. v. Weinberg · filed 2024-07-31(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; MTGLQ Invs., L.P. v Singh , 216 AD3d 1087, 1088). ... Here, contrary to the defendant's contention, the plaintiff established, prima facie, that this action was not time-barred.

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

U.S. Bank Trust, N.A. v. Giangrande · filed 2024-07-31(4)

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

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions, measured here from when the notes matured and became due.

Comito v. Z & N Enters. Corp. · filed 2024-08-07(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). Here, the defendants met their prima facie burden of establishing that this action was time-barred by demonstrating that the notes matured and became due in May 2009, April 2008, and March 2009, and that this action was not commenced until September 2015, more than six years later.

Section 213(4)(a) permits a lender to dispute acceleration by a prior foreclosure action when that action was dismissed on an express judicial determination, following a timely defense, that the debt was not validly accelerated.

TIAA, FSB v. Kelly · filed 2024-08-13(4)(a)

Even applying FAPA, the mortgage debt was not accelerated in 2013 when the prior lender filed the complaint because the complaint was dismissed based on an "expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated."

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

Wells Fargo Bank, N.A. v. Brandt · filed 2024-08-14(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 916, 918 [internal quotation marks omitted]). Here, the defendants established, prima facie, that the mortgage debt was accelerated when the plaintiff commenced the 2009 action and elected in the complaint to call due the entire amount secured by the mortgage ( see Nationstar Mtge., LLC v Scheinberg , 216 AD3d 652, 653). Since this action was commenced in September 2017, more than six years later, the defendants demonstrated, prima facie, that this action was time-barred ( see U.S. Bank N.A. v Armand , 220 AD3d 963, 966).

A foreclosure action dismissed on an express judicial finding that the plaintiff lacked standing does not accelerate the mortgage debt for the six-year limitations period.

Bank of N.Y. Mellon v. Levinson · filed 2024-08-14(4)(a)

Here, the evidence demonstrated that the 2007 foreclosure action was dismissed based upon an expressed judicial determination that Countrywide lacked standing, and thus, the commencement of that action did not accelerate the mortgage note ( see CPLR 213[4][a]; U.S. Bank N.A. v Marrero , 221 AD3d 631, 632).

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.

Islandcap, LLC v. Cohen · filed 2024-08-21(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]; Green Tree Servicing, LLC v Weiss , 222 AD3d 626, 627). ... Here, the defendant established that the six-year statute of limitations began to run in September 2014 when PNC accelerated the debt by issuing a letter to the defendant ( see Wells Fargo Bank, N.A. v Maddaloni , 186 AD3d 1587, 1588). Since the plaintiff did not commence this action until January 2022, more than six years after acceleration of the debt, the defendant met her initial burden of establishing, prima facie, that this action insofar as asserted against her was time-barred ( see U.S. Bank N.A. v Santos , 218 AD3d 827, 828).

Section 213(4) sets a six-year limitation period for mortgage foreclosure actions; the period did not bar a later action after the parties' stipulation revoked the earlier acceleration.

Freedom Mtge. Corp. v. Engel · filed 2024-08-22(4)

There is no dispute that the statute of limitations governing mortgage foreclosure actions is six (6) years. ... Having determined that the foreclosure action is not time-barred, defendant's claim to relief on that ground is denied.

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

Parker Colt Admr. v. One W. Bank F.S.B. · filed 2024-08-30(4)

The six-year statute of limitations in which to bring a foreclosure action begins to run when a mortgage debt is accelerated, such as when a noteholder files a “verified complaint seeking foreclosure and containing a sworn statement that the noteholder is demanding repayment of the entire outstanding debt” (Freedom Mtge. Corp. v Engel, 37 NY3d 1, 22 [2021]; CPLR 213[4]; see also MTGLQ Invs., LP v Wozencraft, 172 AD3d 644, 645).

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

Deutsche Bank Natl. Trust Co. v. Nissan · filed 2024-09-11(4)

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

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

Empire Community Development, LLC v. Campoverde · filed 2024-09-11(4)

The statute of limitations to commence a foreclosure action in New York is six years. See CPLR § 213(4); Gustavia Home, 2019 WL 4359549, at *8.

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

Citibank, N.A. v. Horan · filed 2024-09-18(4)

Here, the defendants established that the mortgage debt was accelerated on December 2, 2009, when Beneficial commenced the 2009 foreclosure action and, in the complaint, elected to call due the entire amount secured by the mortgages. Thus, the statute of limitations expired six years later, on December 2, 2015. As the instant foreclosure action was not commenced until November 28, 2018, the defendants demonstrated, prima facie, that the cause of action to foreclose the mortgages was time-barred ( see CPLR 213[4]).

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

HSBC Bank, USA N.A. v. De Garcia · filed 2024-09-23(4)

Pursuant to CPLR 213(4), an action to foreclose a mortgage is subject to a six-year statute of limitations. ... Consequently, the instant action was time barred when Plaintiff commenced it in 2022.

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

Salta Jr. v. United States · filed 2024-09-25(4)

In New York, a six-year statute of limitations applies to mortgage foreclosure actions. See N.Y. C.P.L.R. § 213(4). ... Thus, due to the applicable six-year statute of limitations, Newbury REO—the successor mortgage holder—could not have pursued Salta for the mortgage debt after 2015, six years after the loan was accelerated in 2009.

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

HSBC Bank USA, N.A. v. Castillo · filed 2024-09-30(4)

The instant action was commenced more than six years after acceleration of the subject mortgage and FAPA is applied retroactively. Accordingly, Defendants are entitled to dismissal of the Complaint on the grounds that it is barred by the Statute of Limitations.

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

Rouge v. U.S. Bank Trust N.A. · filed 2024-10-07(4)

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

Section 213(4)’s six-year limit applies to a lender foreclosing a federally insured mortgage when no federal agency ever held the right to foreclose.

Bank of Am., N.A. v. Reid · filed 2024-10-09(4)

We take this opportunity to clarify that where a loan was insured by a federal agency, but no federal agency ever had a right to foreclose the mortgage, the federal government's immunity does not apply to a lender seeking to foreclose upon the mortgage. Consequently, as a plaintiff in a mortgage foreclosure action, the plaintiff is subject to the six-year statute of limitations under CPLR 213(4).

Section 213(4)’s six-year limitations period for mortgage foreclosure begins when the mortgage debt is accelerated by an action seeking the entire amount due.

U.S. Bank N.A. v. Lynch · filed 2024-10-24(4)

Turning to the application of FAPA herein, "the six-year statute of limitations [applicable to a foreclosure action] begins to run when a mortgage debt has been accelerated by the commencement of an action seeking the entire sum due" ( HSBC Bank, USA, N.A. v Bresler , 212 AD3d 1, 3 [3d Dept 2022]; see CPLR 213 [4]; Deutsche Bank Natl. Trust Co. v Deluca , 225 AD3d 91, 94-95 [3d Dept 2024]). In dismissing the 2015 action, Supreme Court (Zwack, J.) correctly found that plaintiff accelerated the entire mortgage debt by commencing the 2008 action, that it did not thereafter de-accelerate the debt and [*4]that the statute of limitations expired before plaintiff commenced the 2015 action.

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

Wilmington Trust, N.A. v. Farkas · filed 2024-11-21(4)

This action, which seeks to foreclose on the same mortgage, was brought on June 30, 2022, well beyond the six-year limitation period (CPLR 213[4]).

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

Wilmington Sav. Fund Socy., FSB v. Burgress · filed 2024-11-27(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Brown demonstrated that since this action was commenced in 2017, this action was time-barred by the applicable six-year statute of limitations ( see id. ).

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

U.S. Bank N.A. v. Jarrett · filed 2024-12-04(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see [*2]CPLR 213[4]). ... Here, the defendants established, prima facie, that the statute of limitations began to run on the entire debt in 2011, when the plaintiff's predecessor in interest commenced the 2011 action and elected to call due the entire amount secured by the mortgage ( see Deutsche Bank Natl. Trust Co. v Heitner , 226 AD3d 967; U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722). The defendants further demonstrated, prima facie, that since the plaintiff did not commence this action until 2020, more than six years later, this action was time-barred ( see CPLR 213[4]; Deutsche Bank Natl. Trust Co. v Heitner , 226 AD3d at 967).

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

Bank of N.Y. Mellon v. Richards · filed 2024-12-12(4)

As such, plaintiff accelerated the mortgage by bringing the first foreclosure action in 2009 ( see CPLR 213 [4]), and the six-year statute of limitations expired in 2015.

Section 213(4) gives a mortgage foreclosure action a six-year limitations period that can begin when an installment is due, when the lender may demand full payment, or when the debt is accelerated.

Deutsche Bank Trust Co. Ams. v. DiGioia · filed 2024-12-19(4)

"An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213 [4]), which begins to run 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" ( Bank of Am., N.A. v Scher , 205 AD3d 985, 988 [2d Dept 2022] [citations omitted]; see Wells Fargo Bank, N.A. v Welch , 223 AD3d 993, 994 [3d Dept 2024]). ... That said, whether the date of accrual of plaintiff's claim is considered to be October 2008 when defendants defaulted, or September 2013 when the debt was accelerated, plaintiff did not run afoul of the limitations period.

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

Deutsche Bank Natl. Trust Co. v. Dagrin · filed 2024-12-24(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; MTGLQ Invs., L.P. v Singh , 216 AD3d 1087, 1088). ... Therefore, as the plaintiff commenced this action in February 2018, more than six years after the mortgage debt was initially accelerated, this action was time-barred.

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

97 Lyman Ave., LLC v. MTGLQ Invs., L.P. · filed 2024-12-24(4)

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

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

Deutsche Bank Natl. Trust Co. v. Velasquez · filed 2025-01-02(4)

The parties agree that the statute of limitations runs when a loan is accelerated. In this case, plaintiff accelerated the mortgage on January 29, 2016 with the commencement of a foreclosure action filed under index number 601310/2016. The six-year statute of limitations expired six years later on January 29, 2021.

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

Wilmington Sav. Fund Socy., FSB v. Milne · filed 2025-01-09(4)

Initially, because plaintiff brought the 2019 action on April 29, 2019, within six years of the note's acceleration on May 1, 2013, plaintiff did not need to rely on the CPLR 205(a) to bring that action.

Section 213(4) bars a mortgage foreclosure action commenced more than six years after an acceleration that was not effectively revoked.

US Bank N.A. v. Gordon · filed 2025-01-13(4)

Thus, this action commenced June 29, 2017, is time-barred (see CPLR 213[4]; ARCPE 1, LLC, 2023 NY Slip Op 03498 *l; MTGLQ Investors, LP. v Singh, 216 A.D.3d 1087, 190 .Y.S.3d 415, 2023 NY Slip Op 02779 *2 [2d Dept 2023]).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period that begins to run on the entire debt when the lender commences a foreclosure action and elects to accelerate it.

Citimortgage, Inc. v. Gunn · filed 2025-01-29(4)

Here, the defendant demonstrated, prima facie, that the six-year statute of limitations began to run on March 19, 2009, when the plaintiff commenced the 2009 action and elected in the complaint to call due the entire amount secured by the mortgage ( see U.S. Bank N.A. v Medianik , 223 AD3d at 938; U.S. Bank N.A. v Doura , 204 AD3d 721, 723). The defendant further demonstrated that the instant action was commenced on September 2, 2016, more than six years later ( see U.S. Bank N.A. v Doura , 204 AD3d at 723).

Section 213(4)(b) does not bar a lender from showing that the foreclosure limitations period never began because a prior foreclosure action was dismissed after an express finding that a required notice of default was not mailed.

Nichols v. U.S. Bank · filed 2025-02-05(4)(b)

Contrary to the plaintiffs' contention, CPLR 213(4)(b), as amended by the Foreclosure Abuse Prevention Act (L 2022, ch 821), effective December 30, 2022, does not preclude the defendants from asserting that the statute of limitations for an action to foreclose the mortgage has not expired. In support of their cross-motion for summary judgment dismissing the complaint, the defendants demonstrated that the statute of limitations had not previously accrued because the 2011 action was dismissed upon an expressed judicial determination made upon a timely interposed defense that the notice of default was not mailed in accordance with the terms of the mortgage agreement ( see CPLR 213[4][b]; 1900 Capital Trust III v Guaman , 215 AD3d at 564; cf. Caprotti v Deutsche Bank Natl. Trust Co. , 220 AD3d 1126; Reinman v Deutsche Bank Natl. Trust Co. , 215 AD3d 704).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; an action filed six years after acceleration is timely.

HSBC Bank USA, N.A. v. Srugo · filed 2025-02-10(4)

"An action to foreclose a mortgage is subject to a six-year statute of limitations." U.S. Bank Trust, N.A. v. Aorta, 167 AD3d 807 (2d Dep't 2018); see CPLR 213(4). ... This action was commenced on November 3, 2020, six years to the day after the original action was commenced, so this action is not barred by the statute of limitations.

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

Mills v. Deutsche Bank Natl. Trust Co. · filed 2025-02-13(4)

Since the instant action was commenced more than six years later in 2021, Mills established, prima facie, that an action to foreclose the mortgage was time-barred ( see CPLR 213[4]; Sarkar v Deutsche Bank Trust Co. Ams. , 225 AD3d at 641).

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

Deutsche Bank Natl. Trust Co. v. Zak · filed 2025-02-19(4)

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

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

Blue Castle (Cayman) LTD v. Scherer · filed 2025-02-26(4)

“In New York, an action to foreclose on a mortgage is subject to a six-year statute of limitations.” 53rd St., LLC v. U.S. Bank Nat’l Ass’n, 8 F.4th 74, 78 (2d Cir. 2021) (citing CPLR § 213(4)). ... But a warning of a potential acceleration is not the type of clear statement necessary for acceleration.

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

U.S. Bank N.A. v. Horne · filed 2025-03-06(4)

"An action to foreclose a mortgage is subject to a six-year statute of limitations." U.S. Bank Trust, N.A. v. Aorta, 167 AD3d 807 (2d Dep't 2018); see CPLR 213(4). ... Accordingly, this Court finds this action barred by the statute of limitation.

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

U.S. Bank N.A. v. Horne · filed 2025-03-06(4)

Unless the deacceleration letter dated April 13, 2018, effectively deaccelerated the mortgage in question, the statute of limitations expired six years after the 2012 action was commenced, on April 26, 2018.

Section 213(4) gives a mortgage foreclosure action six years from acceleration of the debt; commencing a foreclosure action that calls due the entire balance starts that period.

HSBC Bank USA v. Lem · filed 2025-03-12(4)

However, the Supreme Court properly determined that the defendant established, prima facie, that this action was not timely commenced, because the six-year statute of limitations began to run on the entire debt when plaintiff commenced a prior foreclosure action and elected to call due the entire amount secured by the mortgage, and the instant action was commenced more than six years later ( see CPLR 213[4]; Wilmington Trust Co. v Yonkus , 224 AD3d at 864; U.S. Bank N.A. v Simon , 216 AD3d at 1042).

Section 213(4)(a) estops a foreclosure plaintiff from denying acceleration in a prior action unless that action was dismissed on an expressed judicial determination, following a timely defense, that the acceleration was invalid.

Cv Xxviii, LLC v. Williams · filed 2025-03-12(4)(a)

As the 2000 action was not dismissed "based on an expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated" (CPLR 213[4][a]), the plaintiff is estopped from asserting that the debt was not validly accelerated by the commencement of the 2000 action ( see US Bank Trust, N.A. v Reizes , 222 AD3d 907, 910; GMAT Legal Title Trust 2014-1 v Kator , 213 AD3d at 917).

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

U.S. Bank N.A. v. Montes · filed 2025-04-02(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; MTGLQ Invs., L.P. v Singh , 216 AD3d 1087, 1088). "[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" ( BHMPW Funding, LLC v Lloyd-Lewis , 194 AD3d 780, 782 [internal quotation marks omitted]; see GMAT Legal Title Trust 2014-1 v Kator , 213 AD3d 915, 916).

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

Wells Fargo Bank, N.A. v. Licalzi · filed 2025-04-11(4)

New York CPLR § 213 (4) establishes a six-year statute of limitations to foreclose a mortgage which commences upon the acceleration of the entire mortgage balance outstanding. ... As this action was commenced September 3, 2021, there is no scenario under which the CPLR § 213 (4) statute of limitations has not expired.

Section 213(4) provides a six-year limitations period for mortgage foreclosure actions; the period ran from the note’s maturity in this case.

Nechadim Corp. v. 500 Putnam St. Realty, LLC · filed 2025-04-16(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). Here, BankUnited met its prima facie burden of establishing that this action was time-barred by demonstrating that the note matured and became due in 2009, more than six years prior to the commencement of this action ( see Comito v Z & N Enters. Corp. , 230 AD3d 469, 471; RTT Holdings, LLC v Nacht , 206 AD3d at 835).

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

Wilmington Sav. Fund Socy., FSB v. Sinclair · filed 2025-05-15(4)

Therefore, pursuant to CPLR 213(4), the 2011 Action accelerated the mortgage and the six-year statute of limitations began to run on the September 29, 2011.

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

US Bank Trust, N.A. v. Horowitz · filed 2025-05-21(4)

Since the plaintiff commenced this action more than six years after the initial acceleration of the mortgage debt, the defendants demonstrated their prima facie entitlement to summary judgment dismissing the complaint insofar as asserted against them as time-barred ( see CPLR 213[4]; U.S. Bank N.A. v Doura , 204 AD3d 721, 723).

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

Deutsche Bank Natl. Trust Co. v. Sylvestre · filed 2025-05-21(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Contrary to the plaintiff's contention, the defendant 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 Green Tree Servicing, LLC v Weiss , 222 AD3d 626, 628).

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

Golden Bridge LLC v. 150-30 Ave Realty LLC · filed 2025-05-30(4)

Mortgage foreclosure actions are governed by a six-year statute of limitations.

Section 213(4)’s six-year limitations period for collecting mortgage debt begins when the lender elects to accelerate the entire debt.

East Fork Funding LLC v. Deutsche Bank National Trust Company · filed 2025-06-02(4)

When Deutsche Bank filed the Foreclosure Action, it also elected to accelerate the entire debt, which triggered the six-year statute of limitations on any action to collect that debt.

Section 213(4) gives a mortgagee six years to commence foreclosure; acceleration starts the limitations period for the entire debt.

Sansone v. North Shore Invs. Realty Group, LLC · filed 2025-06-03(4)

Plaintiff has demonstrated that the 2009 action accelerated the mortgage and therefore the statute of limitations expired in 2015 pursuant to FAPA.

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

Community Loan Servicing, LLC v. Mendlovits · filed 2025-06-04(4)

Here, the defendants established, prima facie, that the statute of limitations began to run on the entire debt in 2012, when the plaintiff's predecessor in interest commenced the 2012 action and elected to call due the entire amount secured by the mortgage ( see Wilmington Sav. Fund Socy., FSB v Burgress , 232 AD3d 933, 935; U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722). The defendants further demonstrated that since this action was commenced in 2021, more than six years later, this action was time-barred ( see CPLR 213[4]; Wilmington Sav. Fund Socy., FSB v Burgress , 232 AD3d at 935).

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

Bank of N.Y. Mellon v. Cooper · filed 2025-06-04(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... The plaintiff's submissions revealed that the mortgage debt was accelerated in January 2007, when the plaintiff commenced the first prior action to foreclose the mortgage ( see Deutsche Bank Trust Co. Ams. v Morocho , 202 AD3d 1055, 1058). This action was commenced in July 2018, more than six years later.

Section 213(4) bars a mortgage foreclosure action brought more than six years after the debt was accelerated.

HSBC Bank, USA, N.A. v. Bresler · filed 2025-06-05(4)

Therefore, since the second action was brought more than six years after plaintiff accelerated the debt, it is barred by the statute of limitations applicable to foreclosure actions ( see CPLR 213 [4]; RPAPL 1301 [3]; Deutsche Bank Natl. Trust Co. v Goldwasser , 237 AD3d at 1295).

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

Wilmington Sav. Fund Socy., FSB v. Gustafson · filed 2025-06-06(4)

An action to foreclose a mortgage is governed by 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 Freedom Mtge. Corp. v Engel , 37 NY3d 1, 21-22 [2021], rearg denied 37 NY3d 926 [2021]; Business Loan Ctr. , Inc. v Wagner , 31 AD3d 1122, 1123 [4th Dept 2006]).

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

Dalton Dev. LLC v. Federal Natl. Mtge. Assn. · filed 2025-06-11(4)

An action to foreclose a mortgage to recover unpaid sums which were due must be commenced within six years (CPLR 213 [4]).

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

US Bank N.A. v. Levy · filed 2025-06-11(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Since the instant action was commenced more than six years after September 17, 2010, this action is untimely.

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.

Deutsche Bank Natl. Trust Co. v. Williams · filed 2025-06-11(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Here, the mortgage debt was first accelerated, and the statute of limitations began to run, when Impac commenced the prior foreclosure action in December 2007 and elected to call due the entire amount secured by the mortgage ( see U.S. Bank N.A. v Ford , 208 AD3d 1199, 1201).

A mortgage foreclosure action has a six-year limitations period that begins to run on the entire debt when the lender accelerates it by filing a complaint calling the full amount due.

Deutsche Bank Natl. Trust Co. v. Vista Holding, LLC · filed 2025-06-18(4)

Here, the defendant demonstrated, prima facie, that the six-year statute of limitations ( see CPLR 213[4]) began to run on the entire mortgage debt in October 2012, when the plaintiff commenced the prior foreclosure action and elected in the complaint of that action to call due the entire amount secured by the mortgage ( see U.S. Bank Trust, N.A. v Giangrande , 229 AD3d 834, 835).

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

Bank of N.Y. Mellon v. Jones · filed 2025-06-18(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. , 34 NY3d 250, 261). ... 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 ( see Green Tree Servicing, LLC v Weiss , 222 AD3d 626, 627-628; U.S. Bank N.A. v Derissaint , 193 AD3d at 791).

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

MTGLQ Invs., L.P. v. Rodgers · filed 2025-06-25(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 six-year statute of limitations began to run on September 11, 2009, when OneWest commenced the 2009 action and elected in the complaint to call due the entire amount secured by the mortgage ( see Citimortgage, Inc. v Gunn , 234 AD3d 922, 923).

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

Deutsche Bank Natl. Trust Co. v. Pena · filed 2025-07-02(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Here, the defendant met his prima facie burden by establishing that the mortgage debt was first accelerated, and the statute of limitations began to run, when Deutsche Bank 1 commenced the first foreclosure action on June 22, 2006 ( see U.S. Bank N.A. v Ford , 208 AD3d 1199, 1201). Thus, the statute of limitations expired on June 22, 2012.

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

Bank v. Guzzetti · filed 2025-07-09(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, it is undisputed that the statute of limitations began to run on April 16, 2015, when the plaintiff commenced the prior action and accelerated the debt ( see id. at 1193). The plaintiff did not commence this action until October 25, 2022, more than six years later ( see id. ).

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

Ajax Mtge. Loan Trust 2021-C, Mtge.-Backed Sec., Series 2021-C v. Steele · filed 2025-07-10(4)

From the point of acceleration, foreclosure proceedings must be commenced within six years ( see CPLR 213 [4]; Deutsche Bank Natl. Trust Co. v DeGiorgio , 171 AD3d 1267, 1268 [3d Dept 2019]).

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

TD Bank, N.A. v. Berkovits · filed 2025-07-11(4)

Therefore, pursuant to CPLR 213(4), the 2018 Action accelerated the mortgage, and the six-year statute of limitations began to run on February 15, 2018. Applying the covid toll of 228 days to the running of the statute of limitations, the court finds that the statute of limitations did not expire until September 30, 2024, therefore when this case was filed on September 27, 2024, the statute of limitations had not yet expired.

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

U.S. Bank N.A. v. Hirschman · filed 2025-07-16(4)

Here, in support of the defendants' prior motion to dismiss the complaint insofar as asserted against them on the ground, among other things, that the action was time-barred, the defendants demonstrated that the six-year statute of limitations began to run on the entire debt in August 2008, when the 2008 foreclosure action was commenced and the plaintiff's predecessor in interest elected to call due the entire amount secured by the mortgage ( see HSBC Bank USA, N.A. v Corrales , 224 AD3d 816, 818). The defendants further demonstrated that the instant action was commenced in September 2018, more than six years later ( see CPLR 213[4]; HSBC Bank USA, N.A. v Corrales , 224 AD3d at 818).

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

FV-I, Inc. v. Samuels · filed 2025-07-23(4)

Considering that FAPA applies under the circumstances presented, the defendant established that the mortgage debt was accelerated in March 2011 when BNYM, the plaintiff's predecessor in interest, commenced the prior action and elected to call due the entire amount secured by the mortgage, thus triggering the accrual of the six-year limitations period ( see Bank of N.Y. Mellon v Norton , 219 AD3d 680, 682). Since this action was not commenced until April 2017, the defendant demonstrated, prima facie, that this action was time-barred ( see U.S. Bank, N.A. v Jarrett , 233 AD3d 731).

Section 213(4) gives a mortgage foreclosure action a six-year limitations period; for a federally backed reverse mortgage, the FHA COVID-19 moratorium extended that period by 500 days.

Mortgage Assets Mgt., LLC v. BF Pulaski LLC. · filed 2025-07-28(4)

The statute of limitations was therefore extended by 500-days to October 26, 2024. Contrary to 32 Pulaski and defendant Moore's contentions,- since this action was commenced on July 18, 2024, this action is timely.

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

U.S. Bank N.A. v. 1702 Dean, LLC · filed 2025-07-30(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 cross-motion, the LLC met its initial burden of demonstrating that the amended complaint insofar as asserted against it was untimely because the amended complaint was filed outside the six-year statute of limitations ( see Patrick v Comprehensive Med. Supply, LLC , 225 AD3d 777, 778).

Section 213(4) gives a mortgagee six years to bring a foreclosure action, measured from acceleration of the mortgage debt when the full balance is called due.

Medina v. New York Mellon Trust Co., N.A. · filed 2025-07-30(4)

Here, Medina demonstrated, prima facie, that the mortgage debt was accelerated and that the six-year statute of limitations began to run in June 2008, when BNY's predecessor in interest commenced the 2008 foreclosure action and elected to call due the entire amount secured by the consolidated mortgage ( see Deutsche Bank Natl. Trust Co. v Wong , 218 AD3d 742, 743-744). Thus, Medina established, prima facie, that at the time he commenced the instant action more than six years later, in 2016, an action to foreclose the consolidated mortgage, such as the 2018 foreclosure action, was time-barred ( see CPLR 213[4]).

Section 213(4) gives a mortgage foreclosure action six years from acceleration of the debt, including acceleration by a foreclosure action seeking the full balance.

U.S. Bank N.A. v. Craft · filed 2025-07-31(4)

The first action was commenced in 2007, and such commencement accelerated the loan and called due the entire outstanding balance; thus, the six-year statute of limitations began to run at that time. ... Thus, defendant demonstrated prima facie that this action, which is based upon the same mortgage debt as the first action, is time-barred ( see CPLR 213 [4]).

Section 213(4) gives a mortgagee six years from acceleration to commence a foreclosure action, subject to applicable extensions.

Hamilton v. 21st Mtge. Corp. · filed 2025-07-31(4)

Ordinarily, the statute of limitations would have expired on November 10, 2020, six years after the date the mortgage was accelerated. However, the statute of limitations was tolled for an additional 228 days by Executive Orders promulgated by former Governor Andrew Cuomo in response to the COVID-19 pandemic. See McLaughlin v. Snowlift, Inc., 214 AD3d 720, 721 (2d Dep't 2023). The statute of limitations was therefore extended to June 26, 2021, which was a Saturday. Since the statute of limitations expired on a Saturday, plaintiff's time to commence the second foreclosure action was extended to the next Monday, June 28, 2021, pursuant to General Construction Law § 25-a. The second foreclosure action was brough on June 16, 2023, and is therefore untimely.

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

HSBC Bank USA, N.A. v. Vinci · filed 2025-08-06(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).

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

Deutsche Bank Natl. Trust Co. v. Feurtado · filed 2025-08-06(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Here, the mortgage debt was first accelerated, and the statute of limitations began to run, when the first foreclosure action was commenced on January 7, 2010, and New Century's successor in interest elected in the complaint of that action to call due the entire amount secured by the mortgage ( see U.S. Bank N.A. v Ford , 208 AD3d 1199, 1201). Thus, the statute of limitations expired on January 7, 2016.

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

B&B Capital, LLC v. Pezone · filed 2025-08-13(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). ... Here, the defendant's submissions in support of his motion established that the mortgage debt was accelerated in May 2021 when the plaintiff commenced the 2021 action. Since [*2]this action was commenced in January 2023, less than six years later, it was timely ( see Wells Fargo Bank, N.A. v Weinberg , 229 AD3d 840, 841; Wells Fargo Bank, N.A. v Frankel , 220 AD3d 973).

Section 213(4) gives a lender six years to bring a mortgage foreclosure action; for an installment mortgage, each unpaid installment has its own accrual date.

Wells Fargo Bank, N.A. v. Salko · filed 2025-08-20(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). With respect to a mortgage 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 US Bank Trust, N.A. v Reizes , 222 AD3d 907, 909; Nationstar Mtge., LLC v Weisblum , 143 AD3d 866, 867).

Section 213(4) gives a mortgage foreclosure action six years from acceleration of the debt; voluntary discontinuance of the action does not reset that period.

U.S. Bank N.A. v. Mongru · filed 2025-08-27(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... The commencement of the 2007 action accelerated the mortgage debt and caused the six-year statute of limitations period to accrue, the voluntary discontinuance of that action did not de-accelerate the debt in light of the statutory amendments enacted by FAPA, and the limitations period thus expired in September 2013 ( see Bank of N.Y. Mellon v Stewart , 216 AD3d 720, 723).

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

Bank of N.Y. Mellon v. Munet · filed 2025-08-27(4)

"An action to foreclose a mortgage is governed by a six-year statute of limitations" (Islandcap, LLC v Cohen, 230 AD3d at 661; see CPLR 213[4]; Green Tree Servicing, LLC v Weiss, 222 AD3d 626, 627). ... Therefore, National established, prima facie, that the statute of limitations had expired by submitting the original complaint, which served to accelerate the debt.

Section 213(4) gives a lender six years to commence a mortgage foreclosure action after the limitations period begins to run.

Green Mountain Holdings (Cayman) LTD v. 501 Lafayette Ave LLC · filed 2025-08-28(4)

Nevertheless, regardless of which date Defendants rely on, the six-year limitations period had not yet lapsed since Plaintiff commenced this action in October of 2021, just fourteen months after the Mortgage and Note were executed in August of 2020.

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

U.S. Bank Trust, N.A. v. Boreshesky · filed 2025-09-10(4)

Here, Boreshesky demonstrated, prima facie, that the six-year statute of limitations began to run in July 2010, when U.S. Bank's predecessor in interest commenced the 2010 action and elected to call due the entire amount secured by the mortgage ( see Deutsche Bank Natl. Trust Co. v Wong , 218 AD3d 742, 743-744). Boreshesky further demonstrated that the instant action was commenced in March 2023, more than six years later ( see CPLR 213[4]; U.S. Bank N.A. v Doura , 204 AD3d 721, 723).

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

Nuruzzaman v. Deutsche Bank Natl. Trust Co. · filed 2025-09-10(4)

Here, the plaintiffs established, prima facie, that the mortgage debt was accelerated on October 22, 2010, when the Bank commenced the 2010 action and elected in the complaint to call due the entire amount secured by the mortgage ( see id. ; Ronen, LLC v Bais Hamedrash Ateres Chaim Hanipoly , 221 AD3d 741, 744). Accordingly, the statute of limitations began to run in 2010, more than six years prior to the commencement of the 2021 action ( see Citimortgage, Inc. v Goldstein , 230 AD3d 1219). Thus, the plaintiffs demonstrated, prima facie, that the statute of limitations had expired prior to the commencement of the 2021 action ( see CPLR 213[4]; Johnson v Cascade Funding Mtge. Trust 2017-1 , 220 AD3d at 931; U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722-723).

CPLR 213(4) bars a mortgage foreclosure action commenced more than six years after the lender accelerates the debt.

Deutsche Bank Natl. Trust Co. v. Rizvi · filed 2025-09-10(4)

The defendant further established, prima facie, that since the plaintiff did not commence the instant action until January 2016, more than six years later, this action was time-barred ( see CPLR 213[4]; U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722-723).

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

HSBC Bank USA, N.A. v. Barrett · filed 2025-09-24(4)

Here, the defendant demonstrated, prima facie, that the debt was accelerated by the commencement of the 2011 action, in which the plaintiff elected to call due the entire amount secured by the consolidated mortgage. The defendant further demonstrated, prima facie, that since this action was commenced in September 2017, more than six years later, this action was time-barred ( see CPLR 213[4]; U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722-723).

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

Deutsche Bank Natl. Trust Co. v. Blasse · filed 2025-09-24(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). ... Here, in opposition to the plaintiff's prima facie showing, the defendant raised a triable issue of fact regarding his affirmative defense alleging that the action was barred by the statute of limitations ( see U.S. Bank N.A. v Lucero , 225 AD3d 824, 825).

CPLR 213(4) gives a lender six years to bring a mortgage foreclosure action after it accelerates the debt by demanding the full balance in a foreclosure complaint.

Wells Fargo Bank, N.A. v. La Franca · filed 2025-10-01(4)

"Pursuant to CPLR 213(4), an action to foreclose a mortgage is subject to a six-year statute of limitations" ( Citimortgage, Inc. v Goldstein , 230 AD3d 1219, 1223 [internal quotation marks omitted]). ... Here, in support of his cross-motion, the defendant established, prima facie, that the mortgage debt was accelerated on September 15, 2011, when the plaintiff commenced the 2011 action and elected in the complaint to call due the entire amount secured by the mortgage ( see CV XXVIII, LLC v Williams , 236 AD3d 753). Since the instant action was commenced on April 30, 2019, more than six years later, the defendant demonstrated, prima facie, that this action was time-barred ( see U.S. Bank N.A. v Armand , 220 AD3d 963, 966).

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

UMB Bank, N.A. v. Janvier · filed 2025-10-01(4)

The defendant demonstrated that the six-year statute of limitations began to run on the entire debt in February 2016, when the 2016 action was commenced by Wells Fargo, the plaintiff's predecessor in interest, which elected to call due the entire amount secured by the mortgage ( see CPLR 213[4]; U.S. Bank N.A. v Unger , 230 AD3d 827, [*2]828).

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

Deutsche Bank Natl. Trust Co. v. Nelson · filed 2025-10-01(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Moreover, since the instant action was commenced more than six years after April 12, 2012, this action was untimely.

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

GITSIT Solutions, LLC v. Azcuy · filed 2025-10-15(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 Unger , 230 AD3d 827, 828). ... Accordingly, as the plaintiff commenced this action in March 2022, more than six years after the mortgage debt was initially accelerated, this action was time-barred ( see Deutsche Bank Natl. Trust Co. v Dagrin , 233 AD3d at 1067).

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

Wells Fargo Bank, N.A. v. Khorram · filed 2025-10-22(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations (see CPLR 213[4]). ... The instant action is time-barred because it was commenced more than six years later.

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

JPMorgan Chase Bank, N.A. v. Turkov · filed 2025-10-22(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Here, the six-year statute of limitations began to run in January 2010, when the plaintiff commenced the first foreclosure action and elected in the complaint to call due the entire amount secured by the mortgage ( see Deutsche Bank Natl. Trust Co. v DiGiorgio , 237 AD3d 899, 900-901; U.S. Bank N.A. v Medianik , 223 AD3d at 938).

CPLR 213(4) does not bar a consolidated foreclosure action where the earlier action remained viable against named defendants and the later action was properly commenced against the borrower's estate administrator.

Wilmington Sav. Fund Socy. FSB v. Scaffidi · filed 2025-10-23(4)

Additionally, the 2013 action was a nullity as against the borrower, who died intestate in 2012, it was not a nullity for all purposes, as it was commenced against defendants other than the borrower and was still viable against those other named defendants ( Rocha v Figueirido , 50 AD3d 876, 877 [2d Dept 2008]; cf. U.S. Bank Trust, N.A. v Gedeon, 181 AD3d 745, 746 [2d Dept 2020]). The 2013 action was then consolidated with the 2015 action, which was properly commenced against defendant as the administrator of the borrower's estate ( Rocha , 50 AD3d at 877). Accordingly, this consolidated action is not time-barred under CPLR 213(4) ( see GMAT Legal Title Trust 2014-1 v Kator , 213 AD3d 915, 916 [2d Dept 2023]).

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

Bank of N.Y. Mellon Trust Co. v. Kyung Lee · filed 2025-10-29(4)

Here, 170H demonstrated, prima facie, that the mortgage debt was accelerated and that the six-year statute of limitations began to run in October 2013, when the plaintiff commenced the 2013 action and elected to call due the entire amount secured by the mortgage ( see Deutsche Bank Natl. Trust Co. v Wong , 218 AD3d 742, 743-744). 170H further established, prima facie, that since the plaintiff did not commence the instant action until August 2022, more than six years later, this action was time-barred ( see CPLR 213[4]; U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722-723).

CPLR 213(4) requires a mortgage foreclosure action to be commenced within six years; revoking acceleration does not reset that period.

Carrano v. U.S. Bank · filed 2025-10-31(4)

An action to foreclosure a mortgage must be commenced within six years. CPLR 213 (4). ... Therefore, Plaintiff has established its prima facie entitlement to judgment that enforcement of the mortgage is time-barred.

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

U.S. Bank Trust, N.A. v. Miele · filed 2025-11-12(4)

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

Section 213(4)'s six-year limitations period does not bar a foreclosure action brought within that period while the action remains pending.

Finley · filed 2025-11-20(4)

But the undisputed record evidence establishes that a foreclosure action was brought in New York state court within the six-year statute of limitations period, and that action is still pending.

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

Deutsche Bank Natl. Trust Co. v. Mayer · filed 2025-12-03(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Here, the mortgage debt was first accelerated, and the statute of limitations began to run, when the plaintiff commenced the first foreclosure action on July 15, 2013 ( see U.S. Bank N.A. v Ford , 208 AD3d 1199, 1201). Thus, the statute of limitations expired six years later on July 15, 2019.

Section 213(4) gives a mortgage foreclosure action six years from the date of acceleration to be commenced.

HSBC Bank USA, N.A. v. Tobar · filed 2025-12-03(4)

Under CPLR § 213(4), the statute of limitations for a mortgage foreclosure action is six (6) years from the date of acceleration. In this case, the original foreclosure action was commenced on February 25, 2008, and the present action was initiated on October 21, 2011—well within four (4) years of the original acceleration.

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

U.S. Bank N.A. v. Fahim · filed 2025-12-10(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 Medianik , 223 AD3d 935, 937). ... Here, the defendants demonstrated, prima facie, that the six-year statute of limitations began to run on August 29, 2008, when Countrywide commenced the 2008 action and elected in the complaint to call due the entire amount secured by the mortgage ( see U.S. Bank N.A. v Medianik , 223 AD3d at 938; U.S. Bank N.A. v Doura , 204 AD3d 721, 723).

Section 213(4) gives a mortgage foreclosure plaintiff six years to sue after commencement of an earlier foreclosure action accelerates the entire debt.

U.S. Bank Trust N.A. v. Pluchino · filed 2025-12-24(4)

Here, the defendant demonstrated, prima facie, that the six-year statute of limitations ( see CPLR 213[4]) began to run on the entire mortgage debt in 2014, when Citibank commenced the 2014 action against the defendant, and that this action was commenced more than six years later and is, therefore, time-barred ( see Wilmington Trust Co. v Yonkus , 224 AD3d at 864).

CPLR 213(4) sets a six-year limitations period for mortgage foreclosure actions; when a foreclosure complaint accelerates the debt, the period begins to run on the entire debt.

HSBC Bank USA, N.A. v. Djmal · filed 2026-01-28(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; Citimortgage, Inc. v Gunn , 234 AD3d 922, 923). ... Here, the defendants demonstrated, prima facie, that the six-year statute of limitations began to run on May 21, 2010, when the plaintiff's predecessor in interest commenced the 2010 action and elected in the complaint to call due the entire amount secured by the mortgage ( see U.S. Bank N.A. v Medianik , 223 AD3d 935, 937).

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

Deutsche Bank Natl. Trust Co. v. Starr · filed 2026-01-28(4)

When the plaintiff made its motion, the time for it to commence a new action to foreclose the mortgage had expired, as the six-year statute of limitations for mortgage foreclosure actions had elapsed since the commencement of this action in 2012, at which time the plaintiff had accelerated the mortgage debt ( see CPLR 213[4]; IPA Asset Mgt., LLC v HSBC Bank USA, N.A. , 234 AD3d 948, 949).

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

Wilmington Trust, N.A. v. Pacific St. Servs., Inc. · filed 2026-02-04(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; Wells Fargo Bank, N.A. v Weinberg , 229 AD3d 840, 841). ... The plaintiff demonstrated that this action, commenced in July 2019, was timely commenced within six years of the acceleration of the mortgage debt in August 2013, when the plaintiff's predecessor in interest commenced a prior action to foreclose the mortgage ( see Wells Fargo Bank, N.A. v Weinberg , 229 AD3d at 841; Wells Fargo Bank, N.A. v Frankel , 220 AD3d at 974).

Section 213(4) gives a mortgage foreclosure action six years from acceleration; a foreclosure complaint calling the entire debt due starts that period.

MTGLQ Invs., L.P. v. Kovaleva · filed 2026-02-04(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). ... Here, in support of her motion, the defendant demonstrated, prima facie, that the six-year statute of limitations began to run on September 9, 2010, when CitiMortgage commenced the 2010 action and elected in the complaint to call due the entire amount secured by the mortgage ( see Citimortgage, Inc. v Gunn , 234 AD3d at 923; U.S. Bank N.A. v Medianik , 223 AD3d at 938).

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

Deutsche Bank Natl. Trust Co. v. Contact Holdings Corp. · filed 2026-02-04(4)

Here, Contact demonstrated, prima facie, that the mortgage debt was accelerated and the six-year statute of limitations began to run in February 2010, when the plaintiff commenced the 2010 action and elected to call due the entire amount secured by the mortgage ( see Deutsche Bank Natl. Trust Co. v Wong , 218 AD3d 742, 743-744). Contact further established, prima facie, that since the plaintiff did not commence this action until 2022, more than six years later, this action was time-barred ( see CPLR 213[4]; U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722-723).

A valid loan modification can de-accelerate a mortgage debt and reset the six-year limitations period for foreclosure.

Ditech Fin. LLC v. Temple · filed 2026-02-19(4)

As the loan modification validly de-accelerated the debt within six years of the initial acceleration, the statute of limitations was reset as of the date the agreement was executed, rendering the instant foreclosure action, which seeks to recover the full amount outstanding on the mortgage and re-accelerated the debt with the filing of the action, timely ( see U.S. Bank Trust N.A. v Chambers , 244 AD3d at 1531).

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

HSBC Bank USA, N.A. v. Decker · filed 2026-02-25(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 Medianik , 223 AD3d 935, 937).

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

U.S. Bank Natl. Assn. v. Williams · filed 2026-02-25(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; Citimortgage, Inc. v Gunn , 234 AD3d 922, 923). ... Here, the defendant demonstrated, prima facie, that the six-year statute of limitations began to run in February 2008, when the plaintiff commenced the 2008 foreclosure action and elected in the complaint to call due the entire amount secured by the mortgage ( see Citimortgage, Inc. v Gunn , 234 AD3d at 923; U.S. Bank N.A. v Medianik , 223 AD3d 935, 938).

Section 213(4) gives a mortgagee six years after accelerating the debt to bring a foreclosure action.

Deutsche Bank Natl. Trust Co. v. Roberts · filed 2026-02-26(4)

Plaintiff commenced a foreclosure action on May 20, 2009. Paragraph 9 of the complaint stated that plaintiff "elects herein to call due the entire amount secured by the mortgage(s)." This action, which seeks to foreclose on the same consolidated mortgage, was brought on July 27, 2023, well beyond the six-year limitation period (CPLR 213[4]).

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

MTGLQ Invs., L.P. v. Lila · filed 2026-02-27(4)

An action to foreclosure a mortgage must be commenced within six years. CPLR 213 (4). ... Here, the first action in 2009 expressly accelerated the mortgage loan and demanded full payment of all sums secured by the mortgage. This action was later dismissed. The second action was discontinued. Defendants have established their prima facie entitlement to judgment on account of enforcement of the mortgage being time-barred, which was upheld by the Appellate Division on April 17, 2024.

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

M&T Bank v. Zaroom · filed 2026-03-02(4)

The commencement of the 2010 action with a complaint containing a demand for immediate payment in full accelerated the debt and triggered the six-year statute of limitations on an action to foreclose the mortgage.

Section 213(4) gives a mortgage foreclosure action six years from acceleration of the debt, including acceleration by a foreclosure complaint calling the full balance due.

U.S. Bank Trust, N.A. v. Flaumenbaum · filed 2026-03-04(4)

Here, the defendant demonstrated, prima facie, that the six-year statute of limitations began to run in June 2009, when BAC commenced the 2009 action and elected in the complaint to call due the entire amount secured by the mortgage ( see HSBC Bank USA, N.A. v Corrales , 224 AD3d 816, 818). The defendant further demonstrated that this action was commenced in July 2019, more than six years later ( see CPLR 213[4]; U.S. Bank N.A. v Simon , 216 AD3d 1041, 1042-1043).

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. Singh · filed 2026-03-04(4)

"An action to foreclose a mortgage is governed by a six-year statute of limitations" ( U.S. Bank N.A. v Santos , 218 AD3d 827, 828; see CPLR 213[4]). ... Here, the defendants established, prima facie, that the six-year statute of limitations began to run in May 2008 when the plaintiff commenced the 2008 action and elected in the complaint to call due the entire amount secured by the mortgage ( see HSBC Bank USA, N.A. v Corrales , 224 AD3d 816, 818).

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

Deutsche Bank Natl. Trust Co. v. Hasty · filed 2026-03-04(4)

"An action to foreclose a mortgage is governed by a six-year statute of limitations" ( U.S. Bank N.A. v Santos , 218 AD3d 827, 828; see CPLR 213[4]). ... Here, the mortgage debt was accelerated in March 2010 by the commencement of the 2010 action, and this action was commenced in January 2017, more than six years later.

CPLR 213(4) gives a lender six years from acceleration to bring a mortgage foreclosure action on the entire debt, unless the acceleration is validly revoked.

Deutsche Bank Natl. Trust Co. v. Bessette · filed 2026-03-05(4)

As plaintiff accelerated the mortgage debt with the commencement of the first foreclosure action in 2010, and did not produce any evidence that the acceleration was validly revoked, the six-year statute of limitations expired in 2016 ( see CPLR 213 [4]; Bank of N.Y. Mellon v Richards , 233 AD3d at 1252).

Section 213(4) gives a mortgagee six years from acceleration of the note to bring a foreclosure action.

DLJ Mtge. Capital, Inc. v. Adler · filed 2026-02-10(4)

Accordingly, since the note was accelerated in 2009, plaintiff had six years, i.e., until September 2015, to bring this action.

CPLR 213(4) gives a mortgage foreclosure action six years from the start of the limitations period; an action commenced after that period is time-barred.

Federal Natl. Mtge. Assn. (Fannie Mae) v. Brach · filed 2026-03-11(4)

Insofar as the plaintiff concedes that this action was not commenced until May 2018, more than six years after the statute of limitations began to run, the defendants further established, prima facie, that this action was time-barred ( see CPLR 213[4]; U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722-723).

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.

U.S. Bank Trust, N.A. v. Prieto · filed 2026-03-18(4)

Here, Gayle established that the six-year statute of limitations began to run in April 2008 when the lender commenced the 2008 action and elected in the complaint to call due the entire amount secured by the mortgage ( see Deutsche Bank Natl. Trust Co. v DiGiorgio , 237 AD3d at 900). Since the plaintiff did not commence the instant action until November 2022, more than six years later, Gayle established, prima facie, that the instant action was time-barred ( see CPLR 213[4]; Citimortgage, Inc. v Ford , 186 AD3d 1609, 1609-1610).

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

PNC Bank, N.A. v. Griffith · filed 2026-03-27(4)

The statute of limitations for a mortgage foreclosure action is six years (CPLR 213 [4]). ... Based on Defendant's submissions, in particular the complaint and discontinuance in the 2010 prior foreclosure action, when Plaintiff elected to accelerate the entire debt on the note and mortgage in 2010, the six-year statute oflimitations began to run on the entire debt and expired in 2016 (see Federal Natl. Mtg. Assn., 188 AD3d at 74; see also FV-1, 234 AD3d at 821 ).

Section 213(4) gives a lender six years to commence a mortgage foreclosure action after it accelerates the debt by electing in a foreclosure complaint to call the full amount due.

Wells Fargo Bank, N.A. v. Costa · filed 2026-04-01(4)

Here, in support of her motion, Costa established that the six-year statute of limitations began to run, at the latest, in November 2009, when the plaintiff commenced the 2009 action and elected in the complaint to call due the entire amount secured by the mortgage (see HSBC Bank USA, N.A. v Corrales, 224 AD3d 816, 818). Insofar as the plaintiff concedes that this action was not commenced until December 2017, more than six years after the statute of limitations began to run, Costa established, prima facie, that this action was time-barred (see CPLR 213[4]; U.S. Bank N.A. v Outlaw, 217 AD3d 721, 722-723).

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

U.S. Bank, N.A.. v. Benjamin · filed 2026-04-08(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations (see CPLR 213[4]). ... Here, the Benjamins established, prima facie, that the mortgage debt was accelerated and the statute of limitations began to run on January 8, 2009, when LaSalle commenced the 2009 action. Thus, the statute of limitations expired on January 8, 2015.

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

Benjamin v. LaSalle Bank, N.A. · filed 2026-04-08(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations (see CPLR 213[4]). ... When this action pursuant to RPAPL 1501(4) to cancel and discharge of record the mortgage was commenced on October 3, 2018, more than six years had elapsed since the debt was accelerated.

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

MTGLQ Invs., L.P. v. Foshee · filed 2026-04-15(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 a mortgage foreclosure action a six-year limitations period.

HSBC Bank USA, N.A. v. IPA Asset Mgt., LLC · filed 2026-04-15(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 Medianik, 223 AD3d 935, 937).

Section 213(4) gives a mortgage foreclosure action six years from acceleration, including acceleration by a foreclosure complaint that calls the entire debt due.

US Bank Trust N.A. v. 972 Gates Ave., LLC · filed 2026-04-22(4)

Here, the six-year statute of limitations began to run in August 2010, when Chase commenced the first foreclosure action and elected in the complaint to call due the entire amount secured by the mortgage (see U.S. Bank N.A. v Medianik, 223 AD3d at 938). This action was commenced in June 2022, more than 11 years after the commencement of the first foreclosure action.

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

Surya Capital 11 N. Elliot Place Holdings, LLC v. Royal Gardens 641, LLC · filed 2026-05-06(4)

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

Section 213(4)(a) does not start the foreclosure limitations period upon a purported acceleration in a prior action dismissed on an express determination that the plaintiff lacked standing.

Wilmington Sav. Fund Socy., FSB v. Kelly · filed 2026-05-13(4)(a)

Here, since the 2011 action was dismissed based upon an expressed judicial determination that Wells Fargo lacked standing when it commenced the 2011 action, the mortgage loan was not accelerated and the statute of limitations did not begin to run at that time (see CPLR 213[4][a]; Bank of N.Y. Mellon v Levinson, 230 AD3d 548, 551).

CPLR 213(4) gives six years to commence a mortgage foreclosure action, and the period begins to run on the entire debt when the mortgage is accelerated.

U.S. Bank N.A. v. Jones-Boakai · filed 2026-05-13(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations (see CPLR 213[4]). ... Here, the mortgage debt was first accelerated, and the statute of limitations began to run, when the plaintiff commenced the 2009 action, in which it elected to call due the entire amount secured by the mortgage (see id.). As the plaintiff commenced this action more than six years after the initial acceleration of the mortgage debt, the defendant demonstrated her prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against her as time-barred (see US Bank Trust, N.A. v Horowitz, 238 AD3d 1093, 1095).

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.

Deutsche Bank Natl. Trust Co. v. Cahn · filed 2026-05-13(4)

The complaint in the first foreclosure action established that the mortgage debt was accelerated on April 8, 2015, and the six-year statute of limitations began to run on that date (see CPLR 213[4]; U.S. Bank N.A. v Ford, 208 AD3d 1199, 1201).

A mortgage foreclosure action must be commenced within six years after the debt is accelerated by a clear demand for immediate payment of the entire outstanding loan.

U.S. Bank Trust N.A. v. Barr · filed 2026-05-20(4)

Here, the defendant established that the six-year statute of limitations began to run in May 2014, when Caliber accelerated the debt by sending a letter to the defendant advising him of the default and demanding "immediate payment of the entire outstanding loan" (see Islandcap, LLC v Cohen, 230 AD3d at 661; Wells Fargo Bank, N.A. v Burke, 94 AD3d at 983). Since the plaintiff did not commence this action until October 2022, more than six years after acceleration of the debt, the defendant met his initial burden of establishing, prima facie, that this action was not timely commenced and, thus, the complaint must be dismissed insofar as asserted against him (see Bank of N.Y. Mellon v Jones, 239 AD3d at 806).

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

Maggi v. U.S. Bank Trust, N.A. · filed 2026-05-20(4)

Accordingly, the statute of limitations began to run in 2010 and expired prior to the commencement of this action in 2019 (see CPLR 213[4]; Johnson v Cascade Funding Mtge. Trust 2017-1, 220 AD3d at 931).

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. Rivera · filed 2026-06-03(4)

Here, the defendant demonstrated, prima facie, that the subject mortgage debt was accelerated by the commencement of the 2009 action, in which the plaintiff elected to call due the entire amount secured by the mortgage. The defendant further demonstrated, prima facie, that since this action was commenced in April 2021, more than six years later, this action was time-barred ( see CPLR 213[4]; HSBC Bank USA, N.A. v Barrett , 241 AD3d at 1534; U.S. Bank N.A. v Outlaw , 217 AD3d 721, 722-723).

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

U.S. Bank N.A. v. Bertin · filed 2026-06-10(4)

An action to foreclose a mortgage is governed by a six-year statute of limitations ( see CPLR 213[4]). ... Here, the six-year statute of limitations began to run in July 2007 when the plaintiff's predecessor in interest commenced the 2007 foreclosure action and elected in the complaint to call due the entire amount secured by the mortgage ( see Deutsche Bank Natl. Trust Co. v DiGiorgio , 237 AD3d 899, 900-901; U.S. Bank N.A. v Medianik , 223 AD3d at 938).

Section 213(4) gives a mortgage foreclosure action six years from acceleration; a loan modification signed after the borrower loses rights to the property cannot reset or extend that period.

Wells Fargo Bank, N.A. v. 685 Ga., LLC · filed 2026-06-24(4)

Here, the defendant demonstrated, prima facie, that the six-year statute of limitations began to run in December 2009, when the plaintiff commenced the 2009 action and elected in the complaint to call due the entire amount secured by the mortgage ( see HSBC Bank USA, N.A. v Corrales , 224 AD3d 816, 818). ... Further, under the circumstances, since the borrower's rights to the property had been extinguished when he executed the loan modification agreement, that agreement could not reset or extend the statute of limitations.

A disputed mortgage payment date can require trial before a court decides whether the limitations period bars foreclosure.

OCI Mortgage, Inc. v. Fitzgerald · filed 1997-08-18(4)

In opposition to the original motion by the Fitzgerald defendants to dismiss the action on the ground that it had not been timely commenced under the applicable Statute of Limitations (see, CPLR 213 [4]), the plaintiff provided a purported copy of the 1989 payment history of the Fitzgeralds, which showed a payment received by the plaintiffs assignor, Citibank N.A. (hereinafter Citibank), on or about July 21, 1989, although no copy of the check was provided. ... We conclude that the determination of whether this action is barred by the Statute of Limitations should await trial.

Section 213(4) sets a six-year limitations period for mortgage foreclosure actions, which may be tolled by bankruptcy filings.

US Bank N.A. v. Mattiello · filed 2020-09-23(4)

An action to foreclose a mortgage is subject to a six-year statute of limitations ( see CPLR 213[4]). Here, in support of his motion for summary judgment, the appellant established, prima facie, that the plaintiff accelerated the mortgage loan by commencing an action to foreclose the mortgage on or about November 5, 2009, and the instant action was commenced more than six years later, on January 9, 2015. In opposition, however, the plaintiff established that the defendant's multiple Chapter 13 bankruptcy filings tolled the statute of limitations by a total of at least 839 days, thereby extending the limitations period and rendering the instant action timely commenced ( see generally Lubonty v U.S. Bank N.A. , 34 NY3d 250).

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

Federal National Mortgage Association v. Jeanty · filed 2022-11-17(4)

Because the six-year statute of limitations began running anew in March 2010 (see § 17-107 [1]; CPLR 213 [4]), the action was timely commenced in March 2015.

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

Scherer · filed 2026-03-17(4)

Under New York law “an action to foreclose on a mortgage is subject to a six-year statute of limitations.” 53rd St., LLC v. U.S. Bank Nat’l Ass’n, 8 F.4th 74, 78 (2d Cir. 2021) (citing N.Y. C.P.L.R. § 213(4)). If the debt was accelerated or otherwise came due in its entirety with Hine’s death, then this action is not timely.

Section 213(4) gives a mortgage foreclosure claim six years from acceleration; an amendment adding a defendant after that period expires is time-barred.

U.S. Bank N.A. v. White · filed 2026-05-20(4)

In addition, while our dissenting colleagues conclude that it cannot be said that the plaintiff's cause of action against Kensington is patently devoid of merit, we cannot ignore the fact that the statute of limitations expired in 2014 ( see CPLR 213[4]). "Amendments that seek to add a time-barred claim or party will be found to be patently devoid of merit" ( Bisono v Mist Enters., Inc. , 231 AD3d 134, 140; see Kolodziejski v North Shore Univ. Hosp. , 242 AD3d 971, 972).

Section 213(1) supplies a six-year limitation only when no other limitation is specifically prescribed by law.

In re Lorraine M. v. Linwood M. S. · filed 1981-03-20(1)

Since subdivision (a) of section 517 of the Family Court Act specifically prescribes a limitation, respondent’s point that CPLR 213 (subd 1) should control lacks of validity since the six-year limitation contained therein is applicable only to “an action for which no limitation is specifically prescribed by law”.

Section 213(1) supplies a six-year limitations period when no other limitation is specifically prescribed by law.

Baker v. Board of Education · filed 1987-10-13[1]

We conclude that the Federal statute applied in DelCostello cannot govern this action under State law, and that— until the Legislature acts to impose a limitations period — the six-year statute (CPLR 213 [1]) must be applied.

Section 213(1) provides a six-year limitation for equity actions and other actions lacking a specifically prescribed limitation, but does not apply automatically to a declaratory action.

Hartnett v. New York City Transit Authority · filed 1994-05-16(1)

CPLR 213 (1) is the " 'residual’ ” Statute of Limitations, "which governs equity actions and all other actions for which no limitation is otherwise prescribed” (Siegel, NY Prac § 438, at 667 [2d ed]).

Section 213(1)'s limitations period begins to run when the attorney-client trust relationship terminates.

Greene v. Greene · filed 1981-04-07(1)

The Statute of Limitations begins to run when the relationship terminates. In this case the trust relationship terminated in December, 1977, after plaintiff gave notice of termination. The action was brought the same month. Accordingly, it is not time barred.

Section 213(1)'s catchall limitations period does not apply when another statutorily prescribed limitation period governs the action.

Village of Highland Falls v. Town of Highlands · filed 1981-07-24(1)

If that examination reveals that the rights of the parties sought to be stabilized in the action for declaratory relief are, or have been, open to resolution through a form of proceeding for which a specific limitation period is statutorily provided, then that period limits the time for commencement of the declaratory judgment action. In that event there is a limitation specifically prescribed by law and the catchall provision of CPLR 213 (subd 1) is not applicable.

The six-year limitations period for defective construction and design claims begins when the actual physical work is completed.

State v. Lundin · filed 1983-12-01(2)

In a suit by a construction project owner against a general contractor and architect for defective construction and design, the cause of action generally accrues upon the completion of construction, meaning completion of the actual physical work.

Section 213(2) applies a six-year limitations period to contract claims.

Phillips Construction Co. v. City of New York · filed 1984-02-14(2)

Accordingly, the six-year period of limitations prescribed in CPLR 213 (subd 2) is applicable. ... The Statute of Limitations prescribed in CPLR 213 (subd 2) began to run on completion of the actual physical work even though incidental matters relating to the project remained open (State of New York v Lundin, 60 NY2d 987).

Section 213(2) bars a reimbursement action filed more than six years after the cause of action accrued.

State of New York Higher Education Services Corp. v. Cadley · filed 1984-07-12(2)

It follows that plaintiff’s contention, that a new cause of action against defendant was born every time an installment payment came due on his defaulted note, is erroneous. Defendant’s obligation to make these installment payments ended when the bank triggered the acceleration clause and called in the full amount of the loan. Substituted in its place was defendant’s obligation to reimburse plaintiff for its lump payment of the full amount of the loan on April 17, 1975.

The six-year limitations period begins when the scrivener’s error is made.

Wang v. Wong · filed 1990-07-02(1)

We hold that this cause of action must fail, because the Statute of Limitations started running at the time the "scrivener’s error” was made (see, CPLR 213 [1]; Hart v Blabey, 287 NY 257; Acres v Hitchcock, 77 AD2d 744).

The six-year limitations period begins when the alleged wrongful act occurs, such as when property is conveyed out of the plaintiffs’ reach.

Delango v. Delango · filed 1994-04-11

The defendants Anthony J. Delango and his corporation, Anthony J. Delango Realty Corp., also argue that the part of the complaint which seeks to impose a constructive trust on two parcels of real property is time barred, because Anthony J. Delango acquired title to these two parcels more than six years before the action was commenced (see, CPLR 213). ... If, as the complaint alleges, Anthony J. Delango always acknowledged the plaintiff’s interest in the properties, the alleged wrongful act only occurred when he conveyed the property out of the plaintiffs’ reach, and the Statute of Limitations only began to run on that date (see, Sitkowski v Petzing, 175 AD2d 801; Dybowski v Dybowska, 146 AD2d 604; see also, Annotation, When Statute of Limitations Starts to Run Against Enforcement of Constructive Trust, 55 ALR2d 220).

Section 213(5) gives the State six years to bring a civil action, starting when it discovers the facts on which the action relies.

People v. Dr. Roe · filed 1995-05-16(5)

The criminal limitation period is five years and begins when the unlawful act is committed (CPL 30.10 [2] [b]); the civil limitation period is six years and begins when the State discovers the facts to be relied upon. (CPLR 213 [5].)

For a fraud claim alleging that an agreement was executed through fraudulent inducement, section 213(8) requires commencement within six years after execution or within two years after the fraud reasonably could have been discovered.

In re the Estate of Blake · filed 2001-04-19(8)

The action must be commenced within six years of the date upon which the agreement was executed and, hence, the fraud was committed, or within two years of the date when such fraud reasonably could have been discovered (see, CPLR 213 [8]; 203 [g]; Rosenbaum v Rosenbaum, supra, at 428).

Section 213(1) gives a claim for a constructive trust based on wrongful acquisition of property six years from the acquisition to be commenced.

Pisciotto v. Dries · filed 2003-06-02(1)

The gravamen of the plaintiffs first cause of action to impose a constructive trust is that the defendant wrongfully acquired his one-half interest in the subject property. Accordingly, the Supreme Court properly dismissed that cause of action as time-barred, since it was commenced more than six years after the defendant’s alleged wrongful acquisition of the property (see CPLR 213 [1]; Loengard v Santa Fe Indus., 70 NY2d 262, 267 [1987]; Mazzone v Mazzone, 269 AD2d 574 [2000]; Congregation Yetev Lev D’Satmar v 26 Adar N.B. Corp., 192 AD2d 501, 503 [1993]; Dybowski v Dybowska, 146 AD2d 604, 605 [1989]; Mattera v Mattera, 125 AD2d 555, 556-557 [1986]; cf. Sitkowski v Petzing, 175 AD2d 801, 802 [1991]; Bey Constr. Co. v Yablonski, 76 AD2d 875, 876 [1980]).

Section 213(2) starts the six-year limitations period for a quantum meruit recovery when the relevant case is disposed of.

Eisen v. Feder · filed 2003-08-07(2)

To the extent that there remained pending after the disbarment cases on which plaintiff had performed services prior to his disbarment, we hold that the six-year statute of limitations (CPLR 213 [2]) for any quantum meruit recovery would not begin to run until such cases were or are disposed of.