U.S. Bank Trust National Association v. Pluchino

Summary

The Appellate Division, Second Department, affirmed an order dismissing a mortgage foreclosure action against Julie M. Pluchino as time-barred. The court held that the six-year statute of limitations began when Citibank commenced an earlier foreclosure action in 2014 and that the successor plaintiff could not use CPLR 205-a because it was not the original plaintiff or acting on its behalf. The court also rejected challenges to the retroactive application and constitutionality of the Foreclosure Abuse Prevention Act.

Holdings

1. The foreclosure action was time-barred because the six-year limitations period began to run on the entire mortgage debt when Citibank commenced the 2014 foreclosure action, and U.S. Bank Trust commenced the new action more than six years later.
2. U.S. Bank Trust could not invoke CPLR 205-a because it was neither the original plaintiff in the prior action nor acting on behalf of the original plaintiff, Citibank.
3. The plaintiff's arguments challenging FAPA's retroactive application and constitutionality under the United States Constitution were without merit.

Questions Presented

1. Whether the 2022 foreclosure action was barred by New York's six-year statute of limitations because the mortgage debt was accelerated when Citibank commenced the 2014 foreclosure action.
2. Whether U.S. Bank Trust, as an assignee rather than the original plaintiff, could invoke the six-month savings provision in CPLR 205-a.
3. Whether the Foreclosure Abuse Prevention Act's retroactive application and constitutionality under the United States Constitution defeated the statute-of-limitations defense.

Disposition

affirmed