The Lauterbach Law Firm is proud to announce a major legal victory on behalf of our client, Rocco Iodice, in a foreclosure action brought by U.S. Bank in U.S. Bank, N.A. v. DeGroat et al.
In a well-fought legal battle that spanned several years, The Lauterbach Law Firm successfully defended Mr. Iodice, an heir to the estate of Mary Lou Iodice, against a foreclosure action related to a mortgage dating back to 2008. After the bank voluntarily discontinued its original foreclosure case in 2014, it waited until 2017 to file a second action, more than six years after the debt had been accelerated.
We argued that the action was clearly time-barred under New York’s six-year statute of limitations for mortgage foreclosure claims. Despite the plaintiff’s efforts to argue around the timeline using case law and procedural delays, including citing Freedom Mortgage Corp. v. Engel, the Court found in our favor—pointing to the retroactive application of the Foreclosure Abuse Prevention Act (FAPA), which reinforces that voluntary discontinuance does not reset the statute of limitations.
On April 10, 2025, Justice Larry J. Schwartz of the Rockland County Supreme Court granted summary judgment to our client, dismissing the foreclosure complaint as untimely and affirming our position that the plaintiff’s claims were legally barred.
This decision not only protects our client’s interests and rights but also sends a strong message about the importance of enforcing statutory protections for homeowners and heirs.
At The Lauterbach Law Firm, we are committed to defending our clients with precision, persistence, and a deep understanding of the evolving legal landscape. This victory is a testament to our firm’s dedication and legal excellence.
For trusted legal advocacy in complex foreclosure and real estate matters, contact The Lauterbach Law Firm today. We stand ready to effectively safeguard your rights and interests, every step of the way.
