The limitations period is six years, pursuant to CPLR 213[4], and if the mortgage debt is accelerated, the statutory period begins to run on the entire debt. An acceleration of the debt can occur when a creditor commences an action to foreclose upon a note and mortgage, and, in the complaint, seeks payment of the full balance due. However, service of a complaint does not constitute a valid exercise of the option to accelerate a debt where the plaintiff does not have the authority to accelerate the debt or to sue to foreclose at that time.
21st Mtge. Corp. v. Rudman, NY Slip Op 00031 (2d Dep't January 5, 2022)
