Statute of Limitations in Foreclosure Cases

Generally, the statute of limitations that’s relevant to home foreclosures is the one for written contracts. However, some states-like New Jersey-have a specific statute of limitations for foreclosure. Each state has its own statute of limitations, which ranges from three years to 15 years. Most states fall within the three to six year range.

So, it's important for borrowers who're significantly behind in payments and facing foreclosure to understand what a statute of limitations is, as well as be aware.

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Each state sets its own laws regarding statutes of limitations. Since foreclosures are claims for breach of contract, your state’s statute of limitation for written contracts usually apply. In New York, the statute of limitation is six years. In Florida, it is five years.

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Recent case law in Washington could have major implications for servicers attempting to foreclose on borrowers with bankruptcy in their past.

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Nevada Real Property Cases- January. only to challenges to the procedural aspects of conducting the sale. Here, NRS 11.080, providing for a 5-year statute of limitations, applies because this is a quiet title action asserting that the deed of trust that was foreclosed had been wiped out by a previous HOA lien foreclosure and the trustee’s.

At first glance, this seems fairly cut and dry. However, the question of how to apply the statute of limitations in subsequent mortgage foreclosure cases where the mortgagee’s prior foreclosure suit was dismissed has been the subject of significant litigation and scholarly debate in Florida for almost a decade.