from reviewing my documents BOA was not my true lender since my securitization mortgage shows it was converted to certificate & paid off.
I do not know Georgia law. Here are some general answers and questions. !. did a foreclosure action take place? If it did , were you represented by counsel. If so then that defense may have been waived. Fraud generally has a short statute of limitations. Or can be an extender on another statute of limitations. If the bank was not the actual owner of the property, you may be able to vacated the entire judgment because of the lack of standing on the part of teh bank
Call for a free consultation any time 718-263-6800. We are here to help
Divorce / Separation Lawyer
I susp-ect you will be out of luck by waiting past the statute of limitations. At the time of the foreclosure you needed a lawyer to explore defenses and options and in waiting you probably lost valuable rights. Nonetheless see a lawyer now just in case.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
This is a tricky topic. The limitations period for fraud is 2 years. The limitations period in tort for damage to a property right is 4 years. (The issue is still undecided, but the limitations period for wrongful foreclosure is probably 4 years.) However, if fraud deters one from bringing an action, the limitations period is tolled until the fraud is discovered. Thus you could still have a cause of action for wrongful foreclosure since BOA basically deceived you into believing they were the owner of your note when they were not.
Here is the kicker though: the limitations period for a STATUTORY cause of action is twenty (20) years. A foreclosure committed in this fashion gives rise to a particular statutory cause of action that you could get major damages for if you are successful.
In short, it's not too late to pursue your claim and you should speak with a lawyer.
William J. Smith
SMITH LAW, LLC
P.O. Box 468328
Atlanta, GA 31146
Business. Consumer Protection. Employment. False Claims. Landlord-Tenant. Wrongful Foreclosure.
Nothing herein should be relied upon as legal advice.