Chase took over Wamu in late 2008 & they have never initiated foreclosure. My question is does the Statute of limitation’s clock start from the default wich would have been on my case in April 2004 as per that Wamu stated on their court paperwork, or does it start from the time Wamu filed the Lis-pendings ? Thanks !
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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.
When a debt is in collections and you are served with a lawsuit, you are given about 30 days to object to the filing if you have a cause. If you can prove that the debt is invalid you can get the hearing for the judgment dismissed. If you do nothing — even if its invalid, it will be entered as a default judgment.
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After that time, it has expired. Statute is a law. Passed by legislation and varies by state. The original statute of limitations begins at the onset of the contract signing (see more below for time barred debts). Statute of limitations vary from state to state but it is usually 4-6 years depending on the state.
The Illinois Mortgage Foreclosure Law (“IMFL”) is a comprehensive and highly. 5. Cathay Bank v. Accetturo, 2016 IL App (1st) 152783, 66 N.E.3d 467. applied once per loan.47 Despite the highly formal requirements of the. year sunset clause, and was originally set to expire in 2011.52 The Illinois.
The statute of limitations clock for a mortgage foreclosure usually starts when the default occurred. (The "default" is, for example, when you stopped making mortgage payments.) It is usually calculated from the date of the last payment or from the due date of the first missed mortgage payment.