Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice

Over five years after the filing of the initial action, the lender initiated a second foreclosure action. The borrower moved for summary judgment, arguing that the second action was barred by the five year statute of limitations period since the second action was filed more than five years after the lender’s acceleration of the debt.

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In this mortgage foreclosure matter. and to add new causes of action. Plaintiff s proposed amendments, as they relate to the 2005 and 2008 elections, are clearly beyond the applicable statute of.

It should be emphasized that plaintiffs have named as defendants CEO Harrison, JPMC Parent, JPMC Bank, and Chase Mortgage Holdings, Inc. CMMC1/CMS. [13] Defendants move for dismissal. the.

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Plaintiff Knowledge Hardy sued defendants Joe Gardella (Gardella) and America’s Best Home Loans. Mortgage Electronic Registration System (MERS), ABHL and Gardella (the federal action). As pertinent.

Defendants move to dismiss this action asserting numerous claims arising out of allegedly excessive and illegal mortgage processing fees. After considering the voluntary payment rule, the statute of.

Deutsche bank natl. trust Co. Ams. v Bernal – 2017 NY Slip Op 27182. prior acceleration of the underlying debt so as to avoid application of the statute of limitations. This Court holds that, under the circumstances presented, the mortgagee did not do so and the present action is time barred.

2016-12-23  · By McCalla Raymer Pierce. The Florida Supreme Court issued the much anticipated opinion in Bartram v. U.S. Bank, N.A on November 3, 2016, providing long awaited guidance as to the statute of limitations on successive mortgage foreclosure actions, post dismissal.

Most practitioners are aware of the potential problems and limitations associated with the use of voluntary dismissal without prejudice. Less well known, perhaps, is the limitation on refiling an action after more than one involuntary dismissal without prejudice, particularly in the mortgage foreclosure context.

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The statute of limitations on a mortgage foreclosure action is governed by CPLR 213(4), which provides that the action must be commenced within six years.