Mortgage Lenders News

Foreclosure Free, (Per Statute) as 5-Year Clock Expires

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 · What stops the clock in the statute of limitations in federal criminal case? Arrested much later than the 5 years, always home. I was always at home, arrested almost 6 years after the event for the enditement, which happend 1 month before the passage of 5 years.

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Banks say they have many more years to file for foreclosure, arguing that the five-year clock resets every time a homeowner misses a monthly payment – regardless of when the mortgage was accelerated. Some Florida judges have agreed. The statute of limitations does not halt a foreclosure case that is continuing in court.

However, the judge dismissed the motion stating that the argument over the date of the alleged assault was a disputed issue for trial and could not be decided on the motion.

In Bartram v. U.S. Bank, the Florida Supreme Court may carve out a special exception from the statute of limitations for mortgage lenders – making mortgages and murder the only exceptions to the.

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LoanSafe Member. The house is still underwater, so there’s no reason for 2ndMtg Bank to foreclose. They can’t come after you because the debt was discharged. In your state there is a 5 year limitation on debt. In Jan 2022, the house is slightly underwater, or break even. But in Jan 2023 you have equity of $50,000.

The clock for the statute of limitations in a foreclosure usually starts when the default occurs-that is, when the borrower stops making mortgage payments. So, the statute of limitations is generallly calculated from the date of the last payment or from the due date of the first missed payment.

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