The Second Department upheld dismissal of a mortgage foreclosure after the lender waited roughly 15 years to seek more time for service and offered no excuse for the delay.
The Second Department held that a lender’s voluntary discontinuance did not reset an accelerated mortgage debt’s limitations period under the Foreclosure Abuse Prevention Act.
The Second Department held reverse-mortgage owners equitably estopped from asserting limitations where repeated occupancy certifications caused the lender’s delay.
The Second Department held that a lender’s second foreclosure action, filed without leave, discontinued its earlier action by operation of RPAPL 1301(3), preventing later restoration.
The Second Department applied New York’s Foreclosure Abuse Prevention Act to hold that a voluntary discontinuance did not reset the six-year limitations period after mortgage acceleration.
The Second Department vacated a commercial foreclosure judgment because a bank officer’s affidavit neither showed personal knowledge of default nor identified and attached the business records on which it relied.
The Second Department held that FAPA prevented a voluntary discontinuance from resetting an accelerated mortgage debt and dismissed a 2018 foreclosure as untimely.
The Second Department enforced a $2.4 million settlement and held that three merchant agreements were purchases of future receivables rather than criminally usurious loans.
The Second Department preserved fraud claims over merchant-cash-advance withdrawals but vacated an injunction because the borrower lacked evidence of likely success and irreparable harm.
The Second Department held that documented reasonable diligence establishes mandatory good cause for a CPLR 306-b extension and that reservice may precede a traverse hearing.
The Second Department held that FAPA made a 2013 foreclosure untimely based on a 2002 acceleration and allowed reconsideration despite an earlier appeal because the statute changed governing law.
The Second Department held that a Dutch bank’s passive receipt of a fraud-induced wire into a Netherlands account did not establish personal jurisdiction in New York.
Second Department affirms foreclosure summary judgment and rejects criminal usury counterclaim where defendants failed to raise a triable issue of fact that the effective interest rate exceeded the criminal threshold; affirms guaranty enforcement after mortgage assignment.