What is the statue of limitations to sue a title company and mortgage company for falsifying the loan documents.

Asked about 1 year ago - Chandler, AZ

The mortgage and title company back dated and changed the papers to add mortgage insurance after we signed the loan.

Attorney answers (3)

  1. Celia R Reed

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What are your damages? If you don't have any the statute of limitations is irrelevant.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  2. Steven Roger Rensch

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Yes, the statute for fraud is three years from the time when you discovered or should have discovered the fraud and damage. There is also a commercial fraud statute that is much better for consumers, but it has a one year statute. It may or may not apply in this situation. If the act was negligent rather than intentional, the statute is two years. See a lawyer.

  3. Michael T Millar

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . It is my understanding that AZ has a three year statute of limitations for fraud. You should consult with a local attorney to see if AZ has a "discovery rule" so that the time that the three year period begins to run is when you knew, or should have known, of the fraud.

    I am not a AZ attorney, laws vary from state to state, therefore you should always consult a local attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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