Brooklyn, NY asked in Foreclosure for New York

Q: Plantif filed summens complaint aclerrated the loan on05/15/2015 then withdraw entert in to. mod. defended

Default on 06/2023 can the plantif bring a new action or its barred 6year statu limitaion from aclerrated 2015 pmafter f.a.p.a.the mod.doesent say to restart 6 year statue limitations

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1 Lawyer Answer
Francesco Paolo Tini
Francesco Paolo Tini
  • West islip, NY
  • Licensed in New York

A: I need to look at the case. It depends how the stip to withdraw was worded. there is caselaw that suggests that since the loan was accelerated, then once the matter is withdrawn or dismissed, he statute of limitation applies.

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