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Case Study · Foreclosure Defense · Kings County

The clock ran out.
So did the bank's
mortgage.

Representation is by application.

The firm reviews every submission before taking a case.

Petroff Amshen LLP is a New York consumer rights and foreclosure defense law firm, representing homeowners in state and federal courts since 2008. We are litigators. We do not send letters and hope.

The Result
Foreclosure
Dismissed
Foreclosure dismissed with prejudice as time-barred.
Home loan
Canceled
The mortgage canceled on the homeowners' quiet-title counterclaim.
Fees awarded
$48,025
in attorney fees awarded to the homeowners against the bank.
Supreme Court, Kings County·Index No. 531209/2022·Steven Amshen, Petroff Amshen LLP
Prior results do not guarantee a similar outcome. Every case turns on its own facts.
The Case

A foreclosure that ran out of time.

U.S. Bank National Association, as Trustee for the NRZ Pass-Through Trust VIII, sued to foreclose on a Kings County homeowner's property. The bank argued its case was timely under the savings provision of CPLR 205-a, which can give a plaintiff a fresh window to refile after an earlier action is dismissed.

Petroff Amshen, through partner Steven Amshen, moved for summary judgment dismissing the foreclosure as untimely and for judgment on the homeowners' quiet-title and attorney-fee counterclaims. The savings statute, the firm argued, helps only the same plaintiff that brought the earlier, dismissed action. Although U.S. Bank was the named trustee in both, the two actions were brought for two different trusts. The required unity of plaintiffs was missing.

The court agreed. With the savings statute off the table, the statute of limitations had run, and the lien was unenforceable.
The Legal Record · Statute of Limitations

Six years. Then it's over.

Under New York law, a lender does not have unlimited time to foreclose. When the limitations period expires and the case cannot be revived, the foreclosure is time-barred, and the mortgage lien itself can be canceled.

i
The Six-Year Clock
CPLR 213(4)
Once a mortgage is accelerated, a six-year window to foreclose begins. Let it lapse, and the action is time-barred.
ii
The Savings Statute
CPLR 205-a
Can give a fresh window to refile, but only to the same plaintiff that brought the earlier action.
iii
Unity of Plaintiffs
Same trustee, two trusts
The court found the necessary unity of plaintiffs was lacking, so the savings statute did not apply.
iv
Quiet Title
RPAPL 1501(4)
A homeowner can do more than defeat a late foreclosure. The court canceled and discharged the mortgage entirely.
v
Fee-Shifting
RPL 282
Because the mortgage provided for attorney fees, the prevailing homeowners recovered their fees.
vi
Clear Title
Notice of pendency canceled
The notice of pendency was canceled and the County Clerk directed to clear the record. The home was free of the lien.
The lien was unenforceable.The court canceled the mortgage.
An old mortgage isn't forever.
Sometimes it's unenforceable.
Find out.
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In Their Words

What clients have said.

★★★★★

I could not recommend a better group than Petroff Amshen. If you find yourself in a situation that requires the assistance of attorneys, this is the firm.

Eli Miller / Google
Prior results do not guarantee a similar outcome.
★★★★★

Petroff Amshen has helped us through a difficult process. They were very caring and explained everything as we went through the case.

Eddie Brown / Google
Prior results do not guarantee a similar outcome.
★★★★★

An effective firm with a minimum of fuss. When you need attorneys who actually do the work, you need these guys on your side.

Joseph Petruzzo / Google
Prior results do not guarantee a similar outcome.
Questions

What people ask before they call.

Q.
Is Petroff Amshen a legitimate law firm?
Yes. Petroff Amshen LLP is a law firm of licensed New York attorneys representing homeowners and consumers in New York State and Federal courts since 2008, with results on the public court record, for example Supreme Court, Kings County, Index No. 531209/2022.
Q.
Can a foreclosure be too late in New York?
It can. A lender does not have unlimited time to foreclose in New York. Once a mortgage is accelerated, a six-year window to foreclose runs under CPLR 213(4). When that window closes and the lender cannot revive its case, the foreclosure is time-barred.
Q.
Can a mortgage be canceled if the foreclosure is time-barred?
In some cases, yes. Under RPAPL 1501(4), a homeowner can ask the court to cancel and discharge a mortgage when the time to foreclose has expired and the lien is unenforceable. Prior results do not guarantee a similar outcome.
Q.
Does Petroff Amshen represent homeowners outside New York?
No. Petroff Amshen represents clients in New York only.
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  • 05Fee structure is discussed at the consultation.
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