Statutes of Limitations in Residential Foreclosure Actions

Tuesday May 26
2015

With so many foreclosure actions either voluntarily discontinued or dismissed for lack of standing or other reasons, plaintiffs are now filing new foreclosure actions, many of which present potential statute of limitations defenses. This session will cover the procedural and substantive issues presented by statute of limitations defenses in New York foreclosure actions, including potential waiver of the defense, when limitations periods begin to run and when they are tolled, how courts have addressed statute of limitations issues in this context, and pursuing quiet title theories based on expiration of the statute of limitations.

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