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What do I do to keep my house after the statute of Limitations has expired? In 2010, i paid $38,000 to Litton Loan Servicing to reinstate my loan and stop a foreclosure sale. They took the money, sold the loan to Green Tree and did not reinstate my loan. After years in dispute and litigation in June 2016, Ditech who is now covering for Green Tree, decided to sell my property in Auction. I called and Ditech and the Customer Service Rep read to me that the Statute of limitations has expired and that it is a violation of the Fair Debt Collection Practices Act to sue to collect a debt for which the statute of limitations has expired. What do i do to keep my property? Please let me know Forest Edge
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You are confusing concepts. The statute of limitations applies to initiating the suit. If the sale is under the old suit and a sale was ordered, then it is legal. If there is a new suit, and no payments were since 2010, then you have an issue. However, this issue is the subject of great debate, and new law is being made all the time.
Answered on Aug 14th, 2016 at 4:12 PM