Can You Beat Your Foreclosure With The Statute of Limitations?

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Statute of Limitations for Debts Can Vary By Aditi Mukherji, JD on December 28, 2013 6:41 AM If you have old, unpaid debts, you may be safe from a lawsuit to collect debt if the debt collector waited too long to file a lawsuit.

The Statute of Limitation on Foreclosures. Depending on the state you live in, the foreclosure process and your rights can vary significantly. One of the rights you have is the statute of limitations — that is, your lender must start the foreclosure within a certain time. If your lender fails to start the foreclosure in a timely manner, you can prevent the foreclosure from taking place.

This shows that debtors can successfully refute damages with a statute of limitations defense even in cases where the foreclosure itself is permissible, so long as the lender has requested damages outside of the five-year timeframe. Do you have questions about your rights in foreclosure?

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Foreclosure statute of limitation as a defense. It is an effective defense that can help you stall a foreclosure attempt on your mortgage, but a careful consideration has to be made and thus it will be prudent to consult an attorney regarding the probability of success by using the statute of limitation as a defense if you believe it has expired.

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The statute of limitations in the context of a foreclosure would begin from the acceleration of the note. If the current law suit is dismissed, the 5-year statute of limitations could kick in from the date of the notice. However, there are some cases coming out of the appellate courts that subsequent notices of acceleration can be issued.

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