Update on Statutes of Limitations Defenses and Affirmative Claims in Residential Mortgage Cases

Shannon Sswiatek June 27, 2018

With many foreclosure actions voluntarily discontinued or dismissed, many subsequently-commenced foreclosure actions present statute of limitations defenses, while time-barred foreclosure claims also present opportunities for affirmative litigation to discharge mortgages and clear title. This session will provide an update on the statute of limitations case law from the last several years and will cover the procedural and substantive issues presented by statute of limitations issues in mortgage cases, including potential wavier of the defense, when a loan is deemed to have been accelerated, the impact of discontinuances and dismissals and the concept of “de-acceleration,” and securing mortgage discharges under New York’s quiet title statute.


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