Statute of Limitations and the FDCPA

Statute of Limitations and the FDCPA | Peter Roach

My previous article, New York’s Statute of Limitations – Another Pitfall to Avoid!, discussed New York’s Statute of Limitations, which is six (6) years for a foreclosure, pursuant to CPLR 213. While some  jurisdictions have statutes of limitations which, once expired, absolutely extinguish the right of the creditor to any recovery, New York does not extinguish the creditor’s right to collect but allows the debtor to assert the Statute of Limitations as a defense to any judicial proceeding brought to enforce it, which will result in the dismissal of the proceeding.  3

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