How is New York mortgage-action timing established?

Identify the instrument described in section 213(4) and establish the actual accrued claim, acceleration history and prior judicial determinations.

Paragraph (4)(a) and (b) contain stated acceleration estoppel rules with an expressed-judicial-determination exception based on a timely defense.

Section 203(h) prohibits the described unilateral waiver, postponement, cancellation, toll, revival or reset after accrual unless expressly prescribed by statute.

Section 205-a supplies a narrower mortgage recommencement regime. General section 205(c) excludes proceedings governed by that provision.

1. Identify the instrument described in section 213(4) and establish the actual accrued claim, acceleration history and prior judicial determinations.
2. Paragraph (4)(a) and (b) contain stated acceleration estoppel rules with an expressed-judicial-determination exception based on a timely defense.
3. Section 203(h) prohibits the described unilateral waiver, postponement, cancellation, toll, revival or reset after accrual unless expressly prescribed by statute.
4. Section 205-a supplies a narrower mortgage recommencement regime. General section 205(c) excludes proceedings governed by that provision.
5. This guide supplies no fixed date. Establish the applicable statutory branches and their actual events before applying any calendar-month, calendar-year or final-day provision.
6. Preserve the instrument, acceleration, prior judicial determinations and any qualifying termination. Section 205-a requires its own recommencement and service proof.

A calendar anniversary cannot decide the statutory classification or supply missing facts. No computed or paid date is published.

Fictitious comparison. Two lenders select the same alleged acceleration date. Only one has the express judicial invalid-acceleration determination described in the statute. A common six-year anniversary cannot resolve both histories.

The single date preset cannot establish instrument accrual, acceleration estoppel, anti-reset requirements or mortgage-specific refiling conditions.

Acceleration determination

Preserve prior proceedings and any expressed judicial determination that acceleration was invalid on the stated timely defense.

No unilateral reset

Do not treat a lender’s later unilateral act as automatically creating new accrual under section 203(h).

Mortgage recommencement

Section 205-a lists additional neglect exclusions, plaintiff or assignee conditions, both commencement and service, and its single six-month extension ceiling.

Historical executive-order toll

The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.

• Preserve the applicable edition and establish the actual statutory facts independently.
• The single date preset cannot establish instrument accrual, acceleration estoppel, anti-reset requirements or mortgage-specific refiling conditions.

• Identify the instrument described in section 213(4) and establish the actual accrued claim, acceleration history and prior judicial determinations.
• Paragraph (4)(a) and (b) contain stated acceleration estoppel rules with an expressed-judicial-determination exception based on a timely defense.
• Section 203(h) prohibits the described unilateral waiver, postponement, cancellation, toll, revival or reset after accrual unless expressly prescribed by statute.
• Section 205-a supplies a narrower mortgage recommencement regime. General section 205(c) excludes proceedings governed by that provision.
• Preserve prior proceedings and any expressed judicial determination that acceleration was invalid on the stated timely defense.
• Do not treat a lender’s later unilateral act as automatically creating new accrual under section 203(h).
• Section 205-a lists additional neglect exclusions, plaintiff or assignee conditions, both commencement and service, and its single six-month extension ceiling.
• Preserve the instrument, acceleration, prior judicial determinations and any qualifying termination. Section 205-a requires its own recommencement and service proof. CPLR 304 governs commencement by the required initiating filing. In the applicable NYSCEF program, 22 NYCRR 202.5-b(d)(3)(i) uses recorded transmission and the required fee information or permitted later actual payment. Transmission is permitted any day or night. Preserve the actual recorded filing and fee event. Check county, action eligibility and any paper filing hours. Electronic filing of initiating papers does not itself serve the defendant under paragraph (f)(1).