Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06127
New Residential Mtge., LLC v Tobing
Read the official decision: 2026 NY Slip Op 06127
Holding The court affirmed the lower court’s decision to vacate a prior foreclosure judgment and dismiss the complaint as time-barred. The court determined that the statute of limitations began running when the original 2008 action commenced and was not reset by the voluntary discontinuance of that action.
The court’s words
An action to foreclose a mortgage is governed by a six-year statute of limitations
2026 NY Slip Op 06127, at the official text
even if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the statute of limitations begins to run on the entire debt
2026 NY Slip Op 06127, at the official text
the voluntary discontinuance of the 2008 action did not serve to de-accelerate the mortgage debt or revive or reset the statute of limitations
2026 NY Slip Op 06127, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06127 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06127 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1392 |
Recommended citation
ESQ HQ, New York Law Watch, New Residential Mtge., LLC v Tobing, 2026 NY Slip Op 06127 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06127/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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