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839 Cliffside Ave. LLC v. Deutsche Bank Nat'l Trust Co.

Six-Year Limit Period Bars Bank's Attempt to Foreclose on Property Through Counterclaim

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MEMORANDUM AND ORDER Presently before the Court in this action concerning a mortgage that encumbers residential real property owned by Plaintiff 839 Cliffside Avenue LLC (“Plaintiff” or “839 Cliffside”) is Defendant Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF3, Mortgage Pass-Through Certificates, Series 2006-FF3′s (“Defendant” or “Deutsche Bank”) motion seeking reconsideration of this Court’s August 25, 2017 Order dismissing Defendant’s counterclaim for foreclosure as barred by the statute of limitations.¹ See DE [54]. For the reasons set forth herein, Defendant’s motion is denied.I. RELEVANT BACKGROUND²On or about November 9, 2005, Elmar Polatov (“Polatov”) executed, in favor of First Franklin a Division of Nat. City Bank of Indiana, a note (the “Note”) in the principal amount of $750,000.00 and a mortgage (the “Mortgage”) securing payment on the Note encumbering his residential property located at 839 Cliffside Avenue, Valley Stream, New York (the “Subject Property”). See AAC, Counterclaim

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