Can a wrongful foreclosure suite be file after 5 years when one learns of the fraud in loan, assignment & chain of title issues

Asked almost 2 years ago - Riverdale, GA

from reviewing my documents BOA was not my true lender since my securitization mortgage shows it was converted to certificate & paid off.

Attorney answers (3)

  1. William Julian Smith

    Pro

    Contributor Level 7

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    Answered . 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.

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    William J. Smith
    SMITH LAW, LLC
    P.O. Box 468328
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    Business. Consumer Protection. Employment. False Claims. Landlord-Tenant. Wrongful Foreclosure.

    Nothing herein should be relied upon as legal advice.
  2. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Lawyer agrees

    Answered . 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... more
  3. Steven Zalewski

    Pro

    Contributor Level 13

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    Answered . 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

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