Under New York law, Article 15 of the Real Property Actions and Proceedings Law (RPAPL) grants property owners the right to commence a Quiet Title action to establish clear ownership when the validity of a mortgage or lien is in question. In the context of foreclosure defense, this statute becomes a powerful remedy when the foreclosure Statute of Limitations typically six years from the acceleration of the debt has expired. Once that period lapses, the lender loses the legal right to enforce the mortgage through foreclosure.
At Petroff Amshen LLP, our foreclosure defense attorneys strategically use Article 15 to file Quiet Title actions aimed at canceling outdated mortgage liens that no longer have legal standing. This process not only removes the encumbrance from the public record but also restores the homeowner’s full title rights, allowing them to refinance, sell, or otherwise transfer their property free of clouded ownership.
In practice, these actions require a thorough examination of the lender’s acceleration notices, payment history, and prior foreclosure filings to determine the precise moment when the statute of limitations began to run. By combining technical legal analysis with decades of litigation experience, we help clients permanently extinguish unenforceable mortgage debts and secure their property rights under New York law.
