Vargas v. Deutsche Bank National Trust Co.

Decision: 2021.02.18

Argument: 2021.01.05 vid. tr.

Whether letter from defendant’s predecessor-in-interest, which informed plaintiff that the mortgage debt would be accelerated if he failed to cure his default, accelerated the loan balance and commenced the statute of limitations for foreclosure action; whether discontinuance of prior foreclosure action constituted an affirmative act by defendant to revoke acceleration.

Related Cases: Freedom Mortgage Corp. v. Engel; Ditech Financial, LLC v. Naidu; 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 – Vargas v. Deutsche Bank National Trust Co.