Lender accelerated mortgage/note in July of 2008 and filed complaint 1 week later. Complaint contained a count to re-establish lost note. The action was dismissed in May of 2011 because plaintiff failed to appear at trial set by judge. The statute of limitation that applies to re-establish note is 4 years. I just received another acceleration letter in the mail. Can I move to dismiss the complaint when it is filed because statute of limitation expired on re-establishment of note? If lender is barred from re-establishing note, can it still foreclose?I won't know if the Plaintiff found the original note until it files the new foreclosure case. In the 2008 case, plaintiff said the note was lost or destroyed.