QUESTION
Does the Statute of limitations clock start from the default which would have been on my case in April 2004 as per stated on their court paperwork?
Asked on Jun 01st, 2013 on Foreclosures - Florida
More details to this question:
I have a 2007 a loan I defaulted or stopped paying on January 2007 due to a disability. The company initiated foreclosure on August 20, 2007. They claimed to have lost the note. I contested and asked. They produce the note and they later filed the "original" note which was actually a copy, after a long time of inactivity the judge entered a dismissal "for lack of prosecution". The judge never specified on his order if the dismissal was without or with prejudice. Another company took over in late 2008 and they have never initiated foreclosure. Does it start from the time they filed the Lis-pendings?
1 ANSWER
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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What you need to do is get to an attorney and find out if you might be able to file a quiet title action. The S/L is 5 years from the default, but they did file within the time, then the case was dismissed. So, the time that the case was pending tolls the Statute of Limitations.
Answered on Jun 06th, 2013 at 2:48 AM