New York Consumer Rights & Foreclosure Defense Representation by Application / (718) 957-8140 Call Now
Attorney Advertising
Case Study · Foreclosure Defense · Kings County

Sued in 2008.Waited 14 years.Dismissed.

14 yearsTo ask for a saleThe rules allow one year. Case dismissed.

Facing foreclosure? Petroff Amshen LLP is a New York consumer rights and foreclosure defense law firm. We find the defense in your file and take it to court.

Free case review. Confidential. Representation is by application.

The Result
How long the bank waited
14 years
It offered no excuse.
The bank's request for a foreclosure sale
Denied
The Court refused to order a sale.
Deutsche Bank's 2008 foreclosure
Dismissed
Our client's motion was granted.
Supreme Court, Kings County · 2026
Prior results do not guarantee a similar outcome. Every case turns on its own facts.
The Case

The bank waited 14 years to ask.
The Court dismissed the case instead.

Quick AnswerOn July 2, 2026, Justice Derefim B. Neckles of the Supreme Court of the State of New York, Kings County, denied Deutsche Bank National Trust Company's motion for a judgment of foreclosure and sale and dismissed its 2008 foreclosure against Petroff Amshen's client. The Court held the bank moved for judgment more than fourteen years after the November 4, 2010 order of reference, far past the one-year deadline of Rule 7 (formerly Rule 8), and failed "to proffer any explanation or excuse." It also held the bank violated RPAPL 1301 by starting a second foreclosure on the same mortgage in 2015 without the court's permission.

What the bank tried

Deutsche Bank National Trust Company, as trustee for a 2006 mortgage securitization trust, started this foreclosure in Kings County on April 2, 2008. It named our client as a defendant and sought to foreclose a mortgage on a Brooklyn property.

On November 4, 2010, the court entered an order of reference. That is the order that appoints a referee to calculate how much the bank claims is owed, and it is usually the last big step before the bank asks for a judgment of foreclosure and sale.

The bank did not take that step for more than fourteen years. On June 4, 2025, it finally moved to confirm the referee's report, to get a judgment of foreclosure and sale, and to have the sale money distributed. By then the case had been pending for more than seventeen years. We opposed the motion and cross-moved to dismiss the case.

How we beat it

We gave the Court two reasons the bank should not get its judgment, and Justice Neckles accepted both.

The first was the delay. Under the court's foreclosure rule, now Rule 7 and formerly Rule 8, a lender has to move for a judgment of foreclosure within one year after the order of reference is entered. Deutsche Bank missed that by more than thirteen years. When a lender misses the deadline, it has to give the court a reasonable excuse.

In opposition plaintiff fails to proffer any explanation or excuse for its failure to move within the timeframe for judgment of foreclosure and sale.Decision and Order, July 2, 2026

Because there was no excuse, the Court did not even need to consider whether the bank's underlying claim had merit.

The second was the bank's second lawsuit. RPAPL 1301 says that while one foreclosure is pending, the lender cannot start another action to recover the same mortgage debt without permission from the court handling the first. On January 12, 2015, Deutsche Bank started a second foreclosure on this same mortgage. It never asked this Court's permission. That second case was later discontinued in March 2022, but the Court held the damage was done: the bank "commenced the second action without first obtaining leave of court," and so it "failed to comply with RPAPL 1301." The Court also pointed to a 2026 appellate decision holding that when a lender starts a second case this way, the first one is deemed discontinued as of the date the second one began.

The bank also argued that our client could not raise any of this because he had been in default. The Court rejected that argument.

What the Court ordered

  • Deutsche Bank's motion to confirm the referee's report, for a judgment of foreclosure and sale, and to distribute the sale proceeds: denied.
  • Our client's cross-motion: granted.
  • The case: dismissed.
The bank waited 14 years to ask. The Court asked why. There was no answer.
Timeline

One year to ask.
Fourteen years of silence.

  1. Apr 2008
    Deutsche Bank files the foreclosure.
  2. Nov 2010
    A referee is appointed.
  3. Deadline
    The one year to ask for a judgment runs out.
  4. 2015
    A second foreclosure, filed without permission.
  5. Jun 2025
    The bank asks for a sale.
  6. Jul 2026
    Denied. Case dismissed.
The Legal Record · Foreclosure Delay

Fourteen years. No excuse.
That was the defense.

The record, in order: what the rules give a bank, what this bank took, and what the Court held on each point.

What the court's rules give a bank · Rule 7
1 year
Once the court appoints a referee to tally the debt, the bank has one year to ask for a judgment.
What Deutsche Bank took · the Court's dates
14 years
Referee appointed November 4, 2010. Judgment requested June 4, 2025. No explanation offered.
The pointThe bank's positionThe Court held
01
One year to ask for a judgment.Rule 7 (formerly Rule 8)
The bank's positionMore than fourteen years after the order of reference, the bank moved to confirm the referee's report, for a judgment of foreclosure and sale, and to distribute the sale proceeds.
The Court heldDenied
The bank "fails to proffer any explanation or excuse" for missing the one-year deadline. Without a reasonable excuse, the Court need not consider whether its claim had merit.
02
One foreclosure at a time.RPAPL 1301(3)
The bank's positionOn January 12, 2015, while this case was pending, the bank started a second foreclosure on the same mortgage without asking this Court's permission.
The Court heldViolated
The bank "commenced the second action without first obtaining leave of court." Accordingly, it "failed to comply with RPAPL 1301." The second case was discontinued in March 2022; the bank had still started it without permission.
03
A default does not lock the door.The default
The bank's positionOur client had been in default, so he could not raise these defenses.
The Court heldRejected
The Court rejected the bank's argument.
04
No excuse, no sale.The order
The bank's positionConfirm the referee's report and order the property sold.
The Court heldFor our client
The bank's motion denied. Our client's cross-motion granted. The case dismissed.
Banks have deadlines too.This one missed it by 13 years.
Facing a foreclosure like this one?
A licensed New York attorney reviews every application. Free and confidential.
Apply for Your Case Review
Legal Analysis · Plain English

What the Court decided,
and why it matters.

1. One year after the order of reference

Rule 7, formerly Rule 8, requires a foreclosing plaintiff to move for a judgment of foreclosure within one year of entry of the order of reference. The Court quoted the Second Department's statement of the rule in Retained Realty, Inc. v. Koenig (2018). The deadline is meant to keep foreclosures moving once the debt has been referred for computation.

2. A late bank has to explain itself

When a plaintiff misses the deadline, the court decides whether its excuse is reasonable. That presumes there is one. Deutsche Bank offered none. Under Bhatti v. Empire Realty Associates (2012), without a reasonable excuse the court need not consider whether the claim has merit.

3. One foreclosure at a time

RPAPL 1301(3) bars a lender from starting or maintaining another action to recover the same mortgage debt while a foreclosure is pending, without leave of the court where the first action was brought. The bank started a second foreclosure in 2015 without leave. The Court held that violated the statute. The second case was later discontinued in March 2022, but the bank had still started it without permission. It cited OneWest Bank, FSB v. Johnson (2026), under which the prior action is deemed discontinued as of the date the subsequent action was commenced.

4. Default is not the end of the road

The bank argued that a defendant in default cannot raise these defenses. The Court rejected that argument.

What this means for a New York homeowner facing foreclosure

We still see foreclosures from the 2008 era that are open. Some of them sit untouched for years and then start moving again, with the bank asking for a sale as if nothing had happened in between. The years a bank lets slip by can matter as much as the default it is suing over.

Check the dates in your own case: when the order of reference was entered, when the bank finally asked for a judgment, and whether it ever started a second foreclosure on the same loan. None of this is automatic. It is found by reading the file and litigating what the dates show.

Questions

Questions people search
about foreclosure in New York.

What is Rule 7 (formerly Rule 8) in New York foreclosure cases?
A court rule requiring a foreclosing plaintiff to move for a judgment of foreclosure within one year after the order of reference is entered. If it misses the deadline, it must show a reasonable excuse. Here the bank waited from November 4, 2010 to June 4, 2025 and offered none.
What is an order of reference in a foreclosure?
The order that appoints a referee to compute how much the lender claims is owed. It is usually the last major step before the lender asks for a judgment of foreclosure and sale.
What happens if a bank waits too long to ask for a foreclosure judgment?
The court can deny the request and dismiss the case. A Brooklyn court did that in July 2026 after Deutsche Bank waited more than 14 years and gave no explanation. Every case turns on its own facts.
What counts as a reasonable excuse for missing the one-year deadline?
Whether an excuse is reasonable is for the court to decide. But the lender has to offer one. Here the Court found Deutsche Bank failed "to proffer any explanation or excuse," and so it did not need to consider whether the bank's claim had merit.
What is RPAPL 1301?
A New York statute that limits how a lender can pursue the same mortgage debt. Under RPAPL 1301(3), while a foreclosure is pending, no other action can be started to recover the same mortgage debt without permission of the court handling the first action.
Can a bank start a second foreclosure while the first is still pending?
Only with the first court's permission. Deutsche Bank started a second foreclosure on the same mortgage on January 12, 2015 without it. The Court held the bank "failed to comply with RPAPL 1301." The second case was later discontinued in March 2022.
What did OneWest Bank v. Johnson (2026) decide?
As the Court described it, the Appellate Division held that when a lender starts a second foreclosure without permission, the prior action is deemed discontinued as of the date the second one was commenced.
Can a borrower in default still raise defenses to a foreclosure?
Sometimes. Here the bank argued that the default barred the defenses, and the Court rejected that argument.
My foreclosure from 2008 is moving again. What should I check?
When the order of reference was entered, when the bank finally asked for a judgment, and whether it ever started a second foreclosure on the same loan. Those dates decided this case.
What is a judgment of foreclosure and sale?
The court order that lets the property be sold at auction to pay the mortgage debt. Deutsche Bank asked for one in 2025. The Court denied it.
How long did this case take?
The bank filed on April 2, 2008. The Decision and Order dismissing the case is dated July 2, 2026: more than eighteen years.
Does Petroff Amshen represent homeowners outside New York?
No. Petroff Amshen represents clients in New York only.
Glossary: the terms in plain English
Order of reference
The order that appoints a referee to compute what the lender claims is owed. It starts the one-year clock.
Referee
A person appointed by the court to calculate the amount due and, if a sale is ordered, to conduct it.
Referee's report
The referee's written computation of the debt. The lender asks the court to confirm it before a sale.
Judgment of foreclosure and sale
The order that lets the property be sold at auction. Denied here.
Rule 7 (formerly Rule 8)
The court rule that gives a foreclosing plaintiff one year after the order of reference to move for a judgment.
Reasonable excuse
The explanation a party must give for missing a deadline. The bank here gave none.
RPAPL 1301
The New York statute that, among other things, bars a second action on the same mortgage debt while a foreclosure is pending, without the court's permission.
Leave of court
The court's permission. The bank never asked for it before filing its second foreclosure.
Cross-motion
A motion filed in response to the other side's motion, asking for relief of one's own. Here, dismissal.
Default
Failing to answer or appear in a case on time. Here the bank argued it barred the defenses; the Court disagreed.
Petroff Amshen Reviews

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.
★★★★★

After years of battling in court, thousands of dollars in legal fees, and quite a few subpar attorneys, we found Petroff and Amshen, who delivered winning results. They're incredibly easy to talk to, making the whole legal process feel less intimidating.

Charlene J. / 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.
Apply for Your Case Review

Tell the firm
what happened.

Petroff Amshen does not take every case. Submit the application and a licensed New York attorney will review the matter directly. The case review is free and confidential.

  • 01Submissions are confidential.
  • 02Reviewed by a licensed New York attorney, not a call center.
  • 03Most applications are reviewed within one business day.
  • 04If the matter fits the practice, the firm reaches out to schedule a consultation. If not, the firm says so.
  • 05Fee structure is discussed at the consultation.
If you would rather call
(718) 957-8140
Application for Case Review

Submitting this form does not create an attorney-client relationship. Petroff Amshen LLP does not sell, share, or disclose this information to any third party. All submissions are confidential and reviewed by a licensed New York attorney.