DEUTSCHE BANK NATL. TRUST CO. v. ROYAL BLUE REALTY HOLDINGS, INC.

850179/15, 850119/15, 3431, 850120/15, 3430, 3429.

148 A.D.3d 529 (2017)

2017 NY Slip Op 01979

48 N.Y.S.3d 597

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for AMERICAN HOME MORTGAGE ASSET TRUST 2006-6, MORTGAGE-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-6, Appellant, v. ROYAL BLUE REALTY HOLDINGS, INC., Respondent, et al., Defendants. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for AMERICAN HOME MORTGAGE ASSET TRUST 2007-1, MORTGAGE-BACKED PASS-THROUGH CERTIFICATES 2007-1, Appellant, v. UNKNOWN HEIRS OF THE ESTATE OF SERGE SOUTO et al., Defendants, and ROYAL BLUE REALTY HOLDINGS, INC., Respondent. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for AMERICAN HOME MORTGAGE ASSET TRUST 2006-6, MORTGAGE-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-6, Appellant, v. UNKNOWN HEIRS OF THE ESTATE OF SERGE SOUTO et al., Defendants, and ROYAL BLUE REALTY HOLDINGS, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 16, 2017.


The motion court properly determined that the actions are time-barred since they were commenced more than six years from the date that all of the debt on the mortgages was accelerated (CPLR 213 [4]). The letters from plaintiff's predecessor-in-interest provided clear and unequivocal notice that it "will" accelerate the loan balance and proceed with a foreclosure sale, unless the borrower cured his defaults within 30 days of the letter. When the borrower did not cure his defaults...

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