ARTICLE · 06 MARCH 2017

Lender Filing Foreclosure Complaint Does Not Trigger Statute Of Limitations

Day Pitney LLP

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Joy Harmon Sperling and Karen Wilson-Robinson authored an article, "Lender Filing Foreclosure Complaint Does Not Trigger Statute of Limitations," for the New Jersey Law Journal.

United StatesLitigation, Mediation & Arbitration

Joy Harmon Sperling

Karen Wilson-Robinson

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Joy Harmon Sperling and Karen Wilson-Robinson authored an article, "Lender Filing Foreclosure Complaint Does Not Trigger Statute of Limitations," for the New Jersey Law Journal. The article provides an analysis of a recent opinion by Bergen County Superior Court Judge Edward A. Jerejian interpreting application of the 6-year statute of limitations to acceleration of a loan through the filing of a foreclosure complaint. As the article describes, in Deutsche Bank Nat'l Trust Co. v. Hochmeyer, the defendant-borrower argued that the filing of the foreclosure complaint and acceleration of the loan also accelerated the maturity date, thereby triggering application of the 6-year statute of limitations, rather than the 20-year statute of limitations ordinarily applied where a loan has not yet reached its maturity date. The court rejected defendant's argument, finding that the 6-year statute of limitations provision cited by defendant specifically referred to the date of

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