Skip to main content
Jason A. McGrath
Avvo
Pro

Jason McGrath’s Answers

3 total

  • Can I be sued for default or foreclosure on a Mortgage that is not mine ? I must reply to a summons, as a defendant in 20 days?

    This is my deceased father-in-laws former property that was sold(2006) to a person as part of a probate process. The person who bought the property and opened a mortgage of their own to pay for the property, is now going through foreclosure. The o...

    Jason’s Answer

    I am aware that the poster of this question contacted my office on this case before posting this question, as I'm in Charlotte, NC but also licensed in FL and with a legal background specifically of practicing in Palm Beach County.

    I would only comment, respectfully, that ignoring the complaint is almost never the correct decision, although the (New Jersey?) attorney who suggested that may very well have good reasons for his thoughts.

    See question 
  • Do I have a staute of limitations defense on my home loan in North Carolina?

    In a nutshell here is the situation. January 2009- made our last payment Foreclosure suit filed- Sept 2009 Court date- November 2009 Sale date- Dec 10, 2009 postponed Sale date- Jan 28, 2010 postponed Sale date - March 4th 2010 postponed ...

    Jason’s Answer

    Foreclosures can be dismissed for many reasons, and often the dismissing party won't tell you why. There are statutes of limitations which apply to mortgage loans, but there is more than one time period which might apply, depending on the details of the loan itself and the facts of the case. I advised a NC borrower on this issue just a few weeks ago.

    See question 
  • Which state law will be used to determine non-recourse vs recourse?

    My property is in CA. It is in deed in lieu process. Now I am in NC. Which state law will be used to determine non-recourse vs recourse? CA or NC?

    Jason’s Answer

    Ironically, I am in the middle of wrapping up a similar case for a CA resident with properties in NC. NC law applies regarding the property and the loan, generally. If the lender or other party of interest has some recourse against you, and obtains a judgment in NC, it may be able to enforce that judgment in CA. Please understand that this is not legal advice, but rather general information. I am licensed in NC (and FL, TN) but not CA. Good luck to you.

    See question