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.