2nd Circuit: Affidavit In 1st Foreclosure Accelerated Loan, Started Clock

(March 4, 2024, 10:59 AM EST) -- NEW YORK — The filing of an affidavit in a foreclosure action by the vice president of a mortgage assignee calling due the full mortgage amount “was an unequivocal overt act . . . to accelerate the loan” and triggered a six-year statute of limitations under New York law, a Second Circuit U.S. Court of Appeals panel ruled in a summary order affirming a trial court’s ruling that the second foreclosure action more than seven years later was too late....