I'm assuming the statue of limitation has expired
Social Security Lawyers
What statute of limitations? If it is a mortgage there was both a note and mortgage/deed of trust. Even if the creditor were required to enforce rights on the note within 4 years on penalty of being statutorily barred, the creditor still has a lien on the collateral.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
The above attorney is correct. You may want to look into settling the 2nd mortgage if you have a significant lump sum, or look into chapter 13 bankruptcy as a way to possibly strip the second mortgage off, depending on your other circumstances and whether this would be a net benefit for you. Under California law, it is likely that there was no personal liability anyways on this loan - but they still have the lien on your house which is what matters.
Hope this helps.
Real Estate Attorney
The problem is that this is a SECURED LOAN. It is secured by your house. First the maturity date of the loan must pass (is this a 30-year loan? Is it a 15 year loan?). If it is a 30-year loan, the 30 years must pass and THEN, the limitations period kicks in. So this loan will probably hang over your head for a very long time.
Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.
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