Statute of Limitations in Foreclosure Cases

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So, it's important for borrowers who're significantly behind in payments and facing foreclosure to understand what a statute of limitations is, as well as be aware.

In California, the four year statute of limitations only applies to judicial foreclosures, and not to non-judicial foreclosures. Judicial foreclosures are rare in California. If you are dealing with a foreclosure or facing a possible foreclosure, an experienced foreclosure attorney may be able to help.

There is no statute of limitations in foreclosure cases, OF COURSE THERE ISN’T (You were a fool to think so) subsequent foreclosure action alleging future breaches of the covenants at issue in this case, if they occur and if the county provides proper notice of acceleration in accordance with the mortgage terms.

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The question as to what causes the statute of limitations in foreclosure actions to either run or lapse is complex, but a qualified Long island foreclosure attorney can analyze your lender’s actions, including past modifications, in order to determine whether the statute has run.

In the context of home foreclosure, the statute of limitations for written contracts is usually the applicable statute. Or, state law might provide a specific statute that addresses foreclosures. If the lender initiates a foreclosure after the statute of limitations has expired, the borrower can raise it as a defense, and the court will likely deem the lender’s claim invalid.

The case involved a mortgagor, Neil Velden, who had defaulted on his home loan, with missed payments beginning in January 2009. When the lender received a final judgment for foreclosure, Velden appealed on the grounds that the statute of limitations had been exceeded since the foreclosure action was taken in February 2014.

Also, statutes often aren’t organized very well. One relevant statute might be found in one section of the statutes, while a closely related one will appear elsewhere. For example, some foreclosure laws can be found in sections dealing with court procedure, while other foreclosure laws are in sections dealing with real estate.

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At first glance, this seems fairly cut and dry. However, the question of how to apply the statute of limitations in subsequent mortgage foreclosure cases where the mortgagee’s prior foreclosure suit was dismissed has been the subject of significant litigation and scholarly debate in Florida for almost a decade.

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