ForeclosureLimitationsBankruptcyService Plaintiff foreclosed ...

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Foreclosure/Limitations/Bankruptcy/Service: Plaintiff foreclosed on defendant's mortgage. Defendant's attorney filed a notice of appearance but did not file an answer. Defendant moved to vacate his default in answering and argued lack of jurisdiction. The Supreme Court, Suffolk County denied based upon the attorney's appearance. The Second Dept. sustained stating that the appearance by the attorney conferred jurisdiction upon the defendant and that it was incumbent upon defendant to object to jurisdiction. The Court also addressed the merits of defendant's defense to the foreclosure…"The Supreme Court likewise correctly determined that the appellant's defense to foreclosure was without merit. Even if the commencement of this action was barred by the statute of limitations (see EMC Mtge. Corp. v Patella, 279 AD2d 604, 605-606), the appellant's bankruptcy filing, in which he acknowledged the mortgage debt and promised to repay it within six months, sufficed to extend the statute of limitations." National Loan Invs., L.P. v Piscitello, 2005 NY Slip Op 06490, Appellate Division, Second Department, August 22, 2005 opinion

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