September 13, 2018

Limitations period in a foreclosure action.

Pursuant to CPLR 213(4), an action to foreclose a mortgage is governed by a six-year statute of limitations.  Once the mortgage debt is accelerated, even if it is payable in installments, the entire amount is due, and the statutory period begins to run on the entire debt.

Yadegar v Deutsche Bank Natl. Trust Co., NY Slip Op 05057 (2d Dep't August 29, 2018)

Here is the decision.