Statute of limitations key in upholding Kings County foreclosure ruling

In a recent appellate decision, the ruling of the Supreme Court of Kings County, presided over by Judge Robin Sheares, was upheld in the foreclosure case of U.S. Bank National Association vs. Helen Medianik. The case, originating from a 2014 action to foreclose a mortgage on a condominium unit in Brooklyn, has been under scrutiny due to its implications on the statute of limitations for such legal actions.

At the heart of the dispute was the claim by Medianik that the foreclosure action was time-barred, given that the debt had been previously accelerated in a 2007 foreclosure attempt. The Supreme Court agreed with Medianik, granting her summary judgment and dismissing U.S. Bank’s complaint as exceeding the six-year statute of limitations.

The appellate decision confirms the lower court’s interpretation and application of the Foreclosure Abuse and Prevention Act (FAPA), a law designed to curb foreclosure abuses. Despite the U.S. Bank’s challenge to FAPA’s constitutionality, particularly its retroactivity and estoppel provisions, the appellate court found no basis to overturn Judge Sheares’ ruling.

This outcome reinforces the stringent application of the statute of limitations in foreclosure cases and underscores the judiciary’s role in balancing the interests of lenders and borrowers within the foreclosure process. The decision is a significant affirmation of borrower protections under New York law, particularly in cases where previous foreclosure actions have been initiated.