Practitioners who have seen old mummy movies from the 1930s may notice an analogy. No matter how often the creature was destroyed, he rose again—hence “The Mummy,” “Return of the Mummy,” “Ghost of the Mummy,” among others. So too acceleration of a mortgage seems to have eternal life, even were it not abetted by the Foreclosure Abuse Prevention Act (FAPA).
It is perhaps remarkable that nuances attendant to acceleration of a mortgage debt and the running of the statute of limitations continue to arise and surprise. A recent case in this category highlights the continuing, ever-present danger foreclosing lenders and servicers confront with the statute of limitations, under what surely must be seen as counterintuitive circumstances [See Wilson 3 Corp. v. Deutsche Bank National Trust Company, 219 A.D.3d 870, 195 N.Y.S.3d 497 (2d Dept. 2023)].
