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Would A Delinquent Mortgage That Has Not Been Foreclosed On For Over 2 Years Hit A Statute Of Limitations?

By pay online Posted in: payment

I was curious after I read an article featuring some people who had made no mortgage payments for over 2 years and the bank had not started foreclosure proceedings.
I know the statute of limitations is different in every state but I wondered if the limit applied to secured loans and mortgages.

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  1. rickinno Says

    The civil SoL limits the time the creditor has to initiate a lawsuit against you for an unpaid debt. A mortgage holder will VERY rarely choose to sue a property owner for the delinquent mortgage, becaue to do so closes the door to him simply repossessing the property. Since his right to foreclose on the property comes from your having given him permission to do so when you took out the mortgage, it is not restricted by the SoL.
    Richard

  2. RayHere Says

    I know of no states that have what you call statute of limitation on a home loans in most they have tens years to collect and in many of them they can renew the judgement for ten more years they can evict you once they receive a judgement anytime they want too
    I know of one man who was foreclosed on 15 years back they are now trying to seize is assets and most likely get then
    That link is about credit card loans even in Kansas if his landlord had got a judgement against him for unpaid rent it would be good for 10 years unsure it they can renew the judgement in that state

  3. Paladin Says

    “statute of limitations” applies to crimes, not contracts

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