QUESTION
Was it legal for the bank to file a judgment after a time limit? How?
Asked on Jun 12th, 2015 on Litigation - Alabama
More details to this question:
A bank had one year from date of foreclosure to file a judgment. The one year date fell on a Saturday. They filed on the following Monday is that legal?
10 ANSWERS
arbitration Attorney serving Las Vegas, NV
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Law Offices of Craig B. Friedberg, Esq.
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That would be a yes.
Answered on Aug 27th, 2015 at 7:11 PM
Edwin K. Niles
That would be a yes.
Answered on Aug 27th, 2015 at 7:11 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes it is. Since the one year date fell on a weekend (or even if it fell on a legal holiday), they had until the next business day in which to file the judgment.
Answered on Jun 15th, 2015 at 12:29 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes.
Answered on Jun 12th, 2015 at 8:18 PM
If an action must be done on a date that falls on a day that the court is closed, you normally have until the following date the court is open to file. But I think you may be mixing up terms. You probably mean a time limit to file suit and not to record a judgment, as once the bank gets an order I do not believe it has only one year to apply for a judgment on the order. Look at some Nolo Press books to see what the law is. In California, if their is a foreclosure not through a judicial act, the bank may be barred from getting a deficiency judgment for the difference between the fair market value of the property and the unpaid mortgage.
Answered on Jun 12th, 2015 at 7:59 PM
Ronald A. Steinberg
Yup. Next business day after the weekend
Answered on Jun 12th, 2015 at 7:58 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. Usually when a deadline falls on a weekend or legal holiday, it is automatically extended to the next business day.
Answered on Jun 12th, 2015 at 2:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, since Saturday is not a business day, they can go on the next following business day.
Answered on Jun 12th, 2015 at 2:12 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Probably. Take your paperwork to an attorney.
Answered on Jun 12th, 2015 at 2:10 PM
James Eugene Hasser
That's how it's usually done when a deadline falls on a weekend or holiday. It carries over until the next business day. Good luck.
Answered on Jun 12th, 2015 at 1:59 PM