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When Does the Statute of Limitations End on My Foreclosed Mortgage? – George

“Dear Steve,

I’m resident of CA (only live in CA), but I had a property in AZ . I had purchase money deal 80/20 original loan.

I had to refinance less in a year later because HOA had rules on backyards on the golf course (was not disclosures too me). So I had to refi my 2nd TD and I pull out 15k extra for the landscaping to bring it up to code with HOA. which I have all receipts for the work plus I had net operating loss of 17,330 on this property on my taxes.

However, in march 2009 the home foreclosure with 2nd TD ( indy mac was trying to collect the debt)…(thur 3rd party DTA solutions) . The 2nd TD should on my credit report as charge off 5/2009 and last payment of 12/2008.

I pull my credit report about 45 days ago It show(after f.c 2009) that Indy mac/one west bank still reporting mortgage latest for the past 4 years…I was very upset because the lender charge off the debt and forward over to there collection company DTA. I read your book “how to get out of debt”…. I try the request for Debt Validation by certified mail to collection company.

my question is if a collection company returns file back to original lender /one west bank does the clock stop on the 30 days? if not how do I make sure they correct mistake with credit report agency etc…

Also does St. of Limitation’s what the golden rule? Do they go by property (AZ) or the state which mortgagee lives in (such as CA)?

Regards

Geo”

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The Answer

Dear Geo,

I’m a bit confused by your question but I’ll take my best guess at what was going on.

The best I can figure out is you had a property in Arizona that you stopped paying on and in 2009 it was foreclosed on.

I’m not clear if the first mortgage actually foreclosed or if you simply could not make the second mortgage payments and that charged off rather than foreclose on you.

Trying to hedge your bets on the statute of limitations would require specific legal advice. I would urge you to make an appointment with a local bankruptcy attorney in California or contact one of the California site supporter attorneys here.

When Does the Statute of Limitations End on My Foreclosed Mortgage?   GeorgeSometimes that statute of limitations can stop if you leave the state and the time barred statute used is not clearly set in stone. It can be the state you live in, the state the property was in or the state defined in the agreement.

To make it more complicated, making a payment or acknowledging it is a valid debt can start the clock over again.

An expired statute of limitations only means that you would no longer be able to be sued for the debt but they can attempt to collect on the debt till you final day.

It is a smart thing to check your credit report. In fact I strongly suggest you check your consolidated credit report to see what all three credit bureaus are reporting about you. Just don’t stop by looking at only one credit report. A consolidated credit report will also include your credit score from each credit bureau as well.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

When Does the Statute of Limitations End on My Foreclosed Mortgage?   George
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • George

    Hey Steve,

    Yes, the 1st TD foreclosures on me and 2nd TD was trying to collect the debt. I stop paying on both TD on 12/2008. I never live in AZ. I never made a payment after the foreclosure on march 2009. In addition, I pulled all 3 credit reports but only 2 are currently reporting currently even show charge off on my report. I think the SOL in AZ is 6 years vs 4 years in CA. I will take your advice and contact a BK Attorney in CA. Thanks for your help

    GR

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