If the lender cannot foreclose because they are passed the 5 year limitation. Does this extinguish the mortgage lien?

Asked about 1 year ago - Fort Myers, FL

The mortgage follows the note. So, if they can't enforce the note, can I get rid of the mortgage lien?

Attorney answers (2)

  1. Richard Paul Zaretsky

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    Answered . A quiet title action to address a promissory note that secures a mortgage can be a viable way to eliminate the mortgage lien if there are certain prerequisite facts that are on their face ascertainable - but each situation must be looked at individually. The most important fact to be evident on its face is that the debt matured more than 5 years from the present day. What makes a debt mature (or be in declared default) is a matter of considerable debate.

    See my article on this subject at the link below.
    And contact an attorney willing to examine your facts and see if a legitimate quiet title action based upon a statute of limitations argument is viable in your case.

    I hope you found this response to be helpful. If so, please click on the button "helpful" and/or "best answer" as... more
  2. Margery Ellen Golant

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    Answered . The expiration of the limitations period does not eliminate the lien of the mortgage. If the collectibility really is time barred (which will depend on all the details of the situation), it might be possible to remove the mortgage lien via an Action to Quiet Title.

    However, before you take any action, you need to be sure that the debt really is time-barred, as there is a tremendous amount of misunderstanding about how this works, and if you file the wrong thing or file too soon, you could be opening a huge can of worms. There are also lots of "action to quiet title" scams out there, so please be careful to consult an attorney who is really knowledgable and legitimate.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more

Related Topics

Debt

There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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