We’re proud to spotlight a recent appellate victory secured by The Lauterbach Law Firm on behalf of their clients, Mary and John Brennan, in the Second Department of the New York Appellate Division.
The case, Brennan v. Deutsche Bank Trust Company Americas, began when the Brennans sought to cancel and discharge a mortgage under RPAPL 1501(4), arguing that the statute of limitations had expired. The original foreclosure action had been brought by Deutsche Bank in 2013, but it was dismissed in 2018 due to the bank’s failure to strictly comply with RPAPL 1304. The Brennans then filed a new suit in 2019 to clear the mortgage from record.
Although the trial court initially sided with Deutsche Bank, dismissing the Brennans’ complaint and awarding the bank over $135,000 on a breach of contract counterclaim, the Appellate Division reversed that decision in a major turn.
Thanks to the sharp advocacy of Attorney Spencer Lauterbach, the appellate court ruled in favor of the Brennans. The court agreed that Deutsche Bank had accelerated the mortgage in 2013, triggering a six-year statute of limitations that had long since expired by the time Deutsche Bank filed its counterclaim. As a result, the Brennans’ complaint was reinstated, and the bank’s counterclaim for damages was dismissed.
This win not only saved the Brennans from a significant financial burden, but also reaffirms important limitations on lenders under the statute of limitations and the recently enacted Foreclosure Abuse Prevention Act (FAPA).
A huge congratulations to The Lauterbach Law Firm for their tenacious representation and this outstanding appellate victory!
