On Jan. 20, 2021, the Appellate Division, Second Department addressed the often-confounding question of what evidentiary showing a foreclosing lender must make to defeat a defendant's motion for dismissal on statute of limitations grounds. The court found, as many suspected, that a lender's submission of a loan modification agreement coupled with proof of its voluntary discontinuance of a foreclosure action and cancellation of the notice of pendency are sufficient to raise an issue of fact. The decision brings much needed clarity to the Second Department's statute of limitations jurisprudence and, perhaps more importantly, confirms the sanctity of settlement.