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Mortgage Foreclosure Defense

posted Jul 11, 2019, 9:15 AM by Michael Treybich   [ updated Jul 11, 2019, 9:19 AM ]
July 2019

Due to the failure to follow proper procedures by the bank, Treybich Law, P.C. was able to obtain an order discharging its clients' mortgage and declaring that the note is unenforceable.

Based on a 2009 default, the prior holder of the loan started a foreclosure action which was eventually dismissed (in 2018) at the request of the bank's attorneys because they couldn't prove that they bank served a required notice.
In the interim, the loan had been sold to another company, which began a new foreclosure action in 2018. Unfortunately for the new holder of the loan, the statute of limitations for a mortgage accrues (begins to run) from the date of acceleration of the loan (2009 when the bank filed the first foreclosure action) and expired six years later - in 2015 - so when the new action was filed in 2018, it was untimely.

As always, prior results cannot and do not guarantee a similar outcome.
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Michael Treybich,
Jul 11, 2019, 9:15 AM
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