Practitioners who have seen old mummy movies from the 1930s may notice an analogy. No matter how often the creature was destroyed, he rose again—hence “The Mummy,” “Return of the Mummy,” “Ghost of the Mummy,” among others. So too acceleration of a mortgage seems to have eternal life, even were it not abetted by the Foreclosure Abuse Prevention Act (FAPA).
It is perhaps remarkable that nuances attendant to acceleration of a mortgage debt and the running of the statute of limitations continue to arise and surprise. A recent case in this category highlights the continuing, ever-present danger foreclosing lenders and servicers confront with the statute of limitations, under what surely must be seen as counterintuitive circumstances [See Wilson 3 Corp. v. Deutsche Bank National Trust Company, 219 A.D.3d 870, 195 N.Y.S.3d 497 (2d Dept. 2023)].
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
