Deutsche Bank National Trust Company, as Trustee v. Lola Bessette, Also Known as Lola Kubik, et al.

Summary

The Appellate Division, Third Department affirmed dismissal of Deutsche Bank National Trust Company's foreclosure action as untimely. The court held that CPLR 205-a, as enacted through the Foreclosure Abuse Prevention Act, applied retroactively and that the prior foreclosure action had terminated for neglect because the plaintiff failed to comply with court-imposed deadlines. Accordingly, the plaintiff could not invoke the six-month savings period, and the later action was barred by the six-year statute of limitations.

Holdings

1. After enactment of the Foreclosure Abuse Prevention Act, CPLR 205-a is the savings provision applicable to mortgage-foreclosure actions, rather than CPLR 205(a).
2. CPLR 205-a applies retroactively to mortgage-foreclosure actions in which a final judgment of foreclosure and sale has not been enforced.
3. Retroactive application of CPLR 205-a to this action does not violate constitutional requirements.
4. A prior mortgage-foreclosure action terminated for neglect under CPLR 205-a when it was dismissed because the plaintiff failed to comply with court-imposed deadlines to file a motion for a judgment of foreclosure and sale.
5. The February 2023 foreclosure action was untimely because the debt was accelerated in 2010, the six-year limitations period expired in 2016, and plaintiff could not use CPLR 205-a's savings period after the prior action was dismissed for neglect.

Questions Presented

1. Whether CPLR 205-a, rather than CPLR 205(a), governs the savings period for a mortgage-foreclosure action commenced after enactment of the Foreclosure Abuse Prevention Act.
2. Whether CPLR 205-a applies retroactively to this foreclosure action.
3. Whether retroactive application of CPLR 205-a is constitutional.
4. Whether the dismissal of the prior foreclosure action for failure to comply with court-imposed deadlines constituted termination for neglect under CPLR 205-a, thereby precluding use of its six-month savings period.
5. Whether the present foreclosure action was timely after the debt was accelerated in 2010 and the prior action was terminated for neglect.

Disposition

affirmed