Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Real Property Law

By ssalkin
June 01, 2020

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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bonus Content: How Emerging Technologies Are Impacting IP: A Chat With Legalweek Speaker Ryan Phelan Image

In advance of Legalweek '25, a Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.

Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace Image

Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.

Is Google Search Dead? How AI Is Reshaping Search and SEO Image

This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.

While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum Image

For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.

Revolutionizing Workplace Design: A Perspective from Gray Reed Image

In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.