Selden, NY asked in Foreclosure for New York

Q: Does anyone see the expiration of the Statute of Limitations?

The Lender brought a prior action on 06/10/2010, according to FAPA the Statute of Limitations began to run as this action was voluntarily dismissed by Lender. This was not dismissed by a Court.

The Lender started a new action with Lis Pendens, Summons & Complaint on 03/30/2011; however, this Lis Pendens expired by operation of law on 03/30/2014.

The Lender filed a successive Lis Pendens on 08/04/2016 (without going before Judge to ask for an extension/no court appearance), but I think this is a stale claim because it is 56 days too late from the 2010 action; meaning the lender needed to file their Lis Pendens before 06/10/2016

The Statute of Limitations from the acceleration of the 06/10/2010 action was time-barred on the date of 06/10/2016. The lender is 56 days too late to be within the 6 years to commence a foreclosure action after acceleration. They also let 2016 expire and restarted in 2022. Does anyone see the expiration of the Statute of Limitations?

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1 Lawyer Answer
Carl Nelson
Carl Nelson
  • Foreclosure Defense Lawyer
  • Rye Brook, NY

A: Your question presents a complicated factual scenario; it is unclear for example, when the case you are asking about was filed. You indicate that the second case was filed in 2011, but also that a lis pendens was filed in 2016. Was that LP filed in connection with a third case? Statutes of limitations, as you seem to understand, are somewhat nuanced for foreclosure cases in New York. While the foreclosure Abuse Prevention Act certainly benefits homeowners with cases that are more than six years from a prior acceleration, there are factual elements that are vital to a complete analysis.

For a case already in litigation (especially if your case has been in litigation for 12 years), you should seek the advice of qualified counsel if you are not already represented.

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