ORIGINAL LOAN DATE
NOVEMBER 28, 2006
LOAN ACCELERATED -
SEPT 2, 2009 OR EARLIER
Please Note: According to BOA phone rep my loan was accelerated on June 25th 2007
1st Foreclosure Attempt-
DECEMBER 19, 2011
2nd Foreclosure Attempt-
FEBRUARY 25, 2015
STAY TIME PERIOD DUE TO BANKRUPTCY-
Bankruptcy 1: 10.1.12 - 11.20.12
Bankruptcy 2: 6.29.13 - 10.24.13
Total Time= 167 Days - Avg 5.5 Months
Total number of days between
Wednesday, September 2nd, 2009 (Acceleration Date)
Wednesday, February 25th, 2015 (2nd Foreclosure Attempt)
TOTAL = 5 years, 5 months, and 23 days.
Does the statute of limitations bar them from foreclosure?
The limitations period is 4 years in Texas - from date of acceleration where there is an optional acceleration clause. However, there are exceptions. This time period can be tolled (one way is bankruptcy as you mentioned). Acceleration can also be abandoned. Therefore, it would depend on the totality of your case. I would consult with a local attorney to dig more deeply.
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