Freedom Mortgage Corp. v. Engel

Whether mortgagee’s voluntary discontinuance of prior foreclosure action constituted an affirmative act of revocation of its prior election to accelerate the mortgage debt; prior foreclosure action discontinued by so-ordered stipulation, which was silent on issue of revocation of election to accelerate.

Related Cases: Ditech Financial, LLC v. Naidu; Vargas v. Deutsche Bank National Trust Co.; Wells Fargo Bank NA v. Ferrato.

Select one… NYCA Merits Briefs NYCA Other Materials Lower Court Decision Lower Court Materials

• The Doctrine of Nullification Also Justifies the Result in the Mortgage Acceleration Cases.
• Court of Appeals Issues Four Landmark Residential Mortgage Foreclosure Decisions to Provide Clarity and Consistency Regarding the Statute of Limitations.
• The Court’s Decision Fixes What Wasn’t Broken, Promotes Manipulation of the Judicial System, and Undermines the Purpose of Statutes of Limitations.
• Court clarifies rules on acceleration and de-acceleration of mortgage debt (Wells Fargo Bank NA v. Ferrato; Vargas v. Deutsche Bank National Trust Co.; Ditech Financial, LLC v. Naidu; Freedom Mortgage Corp. v. Engel).
• The January Session calendar is set (October 15, 2020).
• Case Summary – Freedom Mortgage Corp. v. Engel