Rosenberg Fortuna Filosa & Laitman LLP partner Anthony R. Filosa, Esq. secured a complete appellate victory on behalf of 685 Georgia, LLC in Wells Fargo Bank, N.A. v 685 Georgia, LLC, ___ AD3d ___, 2026 NY Slip Op 04000 [2d Dept June 24, 2026], a mortgage foreclosure appeal involving a significant statute-of-limitations issue.
The Appellate Division, Second Department reversed two orders of the Supreme Court, Kings County, denied the lender’s motion for summary judgment and an order of reference, and granted the client’s cross-motion dismissing the foreclosure action as time-barred.
The lender accelerated the mortgage debt by commencing an earlier foreclosure action in December 2009 but did not commence the action against 685 Georgia, LLC until January 2017—more than six years later. Although the lender relied on a 2015 loan modification agreement, the Second Department held that the agreement could not reset or extend the statute of limitations because the borrower had already conveyed the property and no longer possessed any rights in it.
The decision also confirms that the current property owner had standing to challenge the purported extension agreement.
The victory highlights the firm’s experience in New York appellate advocacy, mortgage foreclosure litigation, CPLR 213(4) statute-of-limitations disputes, loan acceleration, standing, and complex real property litigation.