What is the Engel Decision?

• Bankruptcy Solutions
• Foreclosure Solutions
• Modification & Negotiation
• Credit Card Debt Relief

PRE-ENGEL

Law evolving based on case decisions rather than statutory law. If #1 was dismissed over 6 years from commencement of #1 , the Q was was the lender doomed? Sometimes but, lots of exceptions and cases varied in rulings:

a) stip to dismiss

b) voluntary dismiss

c) making payments and/or accepting a mod or temp mod

d) lender claiming incorrect past acceleration

e) tolling of time based on bankruptcy

f) procedural dismissals get another 6 months under safe harbor provision cplr 205 but did not apply to dismissals that were:

 i) merits; ii) juris; iii) vol discontinuance;

iv) neglect to prosecute – hard standard under cplr. 

Variations in law and not settled. Certain issues like the issue of “deceleration” controversial but mostly not followed. Were able thru SOL defenses and Quiet Title actions to delete mortgages from record. 

Post-ENGEL

Now changes in that vol dismissal was de-accel and stops the f. ;sol from running. So if case voluntarily dismissed after 6 years, there is no SOL that continues to run with the dismiss. This plus safehabor meant that SOL now rare. Hard to find SOL.