Statute of Limitations

How Bankruptcy Impacts New York’s Statute of Limitations

How Bankruptcy Impacts New York’s Statute of Limitations

As noted in my previous article, “Statute of Limitations,” New York’s six (6) year Statute of Limitations is tolled for the time the bankruptcy is pending, (CPLR section 204) and renewed for an additional six (6) year period if the debtor acknowledges the debt in writing. (GOL 17-101) 

Foreclosure Actions - How Does Accelerating the Mortgage Affect the SOL?

Foreclosure Actions - How Does Accelerating the Mortgage Affect the SOL?

My previous article regarding New York's Statute of Limitations (CPLR 213) described how New York provides an affirmative defense to actions based upon contractual obligations that accrued more than six (6) years ago.

New York’s Statute of Limitations - Another Pitfall to Avoid!

New York’s Statute of Limitations - Another Pitfall to Avoid!

New York’s Statute of Limitations ("SOL") is designed to protect homeowners from the unfairness that might otherwise result from foreclosures concerning defaults that occurred so long ago that the homeowner may no longer possess documents, evidence or proof of payments made.