Desrosiers v U.S. Bank Natl. Assn.

Holding The court affirmed the summary judgment cancelling the mortgage, holding that the statute of limitations began to run when the prior foreclosure action was commenced, regardless of the plaintiff’s standing. The defendants were estopped from arguing the debt was not validly accelerated because the prior action was not dismissed based on an expressed judicial determination of invalid acceleration.

The court’s words

a defendant shall be estopped from asserting that the period allowed by the applicable statute of limitation for the commencement of an action upon the instrument has not expired because the instrument was not validly accelerated prior to, or by way of commencement of a prior action, unless the prior action was dismissed based on an expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated

2026 NY Slip Op 06414, at the official text

the voluntary payment doctrine bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law

2026 NY Slip Op 06414, at the official text

the borrower demonstrated, prima facie, that the statute of limitations began to run on July 30, 2008, when MERS, as nominee for Lehman, commenced the 2008 action and elected in the complaint to accelerate the mortgage balance and declare the same to be immediately due and payable

2026 NY Slip Op 06414, at the official text