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Real Property Law
Conditional Payments Do Not Restart Statute Of Limitations On Foreclosure Action
Nationstar Mortgage, LLC v. Dorsin NYLJ 2/28/20, p. 29, col. 3 AppDiv, Second Dept. (memorandum opinion)
In a mortgage foreclosure action, mortgagor appealed from Supreme Court's grant of summary judgment to mortgagee. The Appellate Division reversed, holding that the foreclosure action was barred by the statute of limitations.
In April 2009, Greenpoint brought a foreclosure action against mortgagor. In February 2015, Supreme Court directed dismissal of the action without prejudice. Greenpoint then assigned the mortgage to current mortgagee, who commenced a second foreclosure action on Oct. 29, 2015. Mortgagor asserted that the action was barred by the six-year statute of limitations. Mortgagee claimed that the statute of limitations was restarted when, after April 2009, mortgagor executed a Home Affordable Modification Trial Period Plan, and made payments pursuant to that plan. Mortgagee argued that the instant action was timely because it was commenced less than six years after the plan was executed and the payments made. Supreme Court agreed and awarded summary judgment to mortgagee and granted mortgagee an order of reference. Mortgagor appealed.
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