Jason A. McGrath’s Answers

Jason A. McGrath

Charlotte Foreclosure Attorney.

Contributor Level 8
  1. 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?

    Answered almost 2 years ago.

    1. Michael T Millar
    2. Steven Anderson Leahy
    3. Jason A. McGrath
    3 lawyer answers

    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.

  2. Do I have a staute of limitations defense on my home loan in North Carolina?

    Answered almost 2 years ago.

    1. Jason A. McGrath
    1 lawyer 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.

  3. Which state law will be used to determine non-recourse vs recourse?

    Answered almost 2 years ago.

    1. Jason A. McGrath
    2. Diane L Drain
    3. Evan A Nielsen
    3 lawyer answers

    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.

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