New York Foreclosure Statute of Limitations: The 6-Year Clock, Re-Acceleration, and FAPA

The New York foreclosure statute of limitations is 6 years — and for years lenders tried to circumvent it through re-acceleration tactics: sending letters to 'revoke' an old acceleration and reset the clock, or starting and discontinuing cases to restart the six-year period. The 2022 Foreclosure Abuse Prevention Act (FAPA) shut those tactics down. For homeowners in a long, on-again-off-again fight with a servicer, that 6-year clock combined with FAPA's limits on re-acceleration can now be a complete defense.

The six-year clock

Under CPLR § 213(4), a mortgage foreclosure generally must be commenced within six years. For an installment loan like a mortgage, the clock on the entire balance does not normally start until the lender accelerates the loan — that is, declares the whole balance due at once, typically by filing a foreclosure complaint or sending a clear notice of acceleration. From that point, the lender generally has six years to foreclose on the accelerated debt.

Why this used to be a moving target

For years, lenders tried to manage the clock by de-accelerating — sending a letter purporting to 'revoke' the acceleration to reset the six years — and by starting, discontinuing, and re-starting foreclosures. The result was that a homeowner could face foreclosure on the same old default again and again, with the limitations period seemingly never expiring. New York's highest court and the Legislature both stepped in to change that.

The Foreclosure Abuse Prevention Act (FAPA), December 2022

The Foreclosure Abuse Prevention Act (FAPA), enacted in December 2022, was written specifically to stop these tactics. In broad terms, FAPA:

• Sharply restricts a lender's ability to unilaterally de-accelerate a loan in order to reset the six-year clock.
• Limits the use of voluntary discontinuance of a prior foreclosure as a way to stop or restart the limitations period.
• Reinforces that once the clock has run, the foreclosure is time-barred, closing loopholes lenders had used to revive stale claims.

The practical effect is large: a homeowner whose loan was accelerated more than six years ago — even if the lender later 'revoked' the acceleration or discontinued an earlier case — may now have a strong statute-of-limitations defense that lenders can no longer easily defeat.

How to think about your own timeline

1. Identify when the loan was first accelerated — often the date a prior foreclosure complaint was filed, or a clear written notice of acceleration.
2. Find every prior foreclosure case filed on this loan, including any that were discontinued or dismissed, and the dates.
3. Note any letters in which the lender claimed to de-accelerate or 'revoke' acceleration.
4. Compare the first acceleration date to the date of the current foreclosure — if it is more than six years and FAPA applies, the case may be time-barred.
5. Raise the statute of limitations as an affirmative defense in your Answer, or as a meritorious defense on a motion to vacate a default.

Why it must be raised — and raised correctly

The statute of limitations is an affirmative defense: it is not automatic, and a court generally will not apply it for you. If you do not plead it in your Answer (or raise it by motion), you can waive it. Because the analysis turns entirely on dates and prior filings — and because FAPA's reach in any given case can be contested — this is an area where a licensed attorney's review is especially worthwhile.