Legal Question in Civil Litigation in California
I am wondering is there a statue of limitation in calif non judicial forclosure process. My mortgage company has been trying to foreclose on me since 2008. Well really since 2006. I am moving foreward in suing countrywide for preditory lending and robo signing. I dont know what is really going on with the house except they keep sending me modification letter in which im hesitent to sign. This is my first house that was left to me in a living trust. I paid a lawyer a 1000 dollars to run a foriensic loan investigation and they wouldnt show me the results and burned me. Im mortified at all of this and i really never want to own a house again.. I dont know what to really do.
2 Answers from Attorneys
Because non-judicial foreclosure is just that - non-judicial, i.e., outside the legal system - there is no statute of limitations. Statutes of limitations are limits on the time to file lawsuits.
I disagree with Mr. McCormick. At one time he was correct, but not after 1982, when California passed the Marketable Record Title Act (MRTA).
Under the MRTA, there is now a limit on nonjudicial foreclosures, which are simply exercises of the power of sale in a deed of trust. If the final date of payment or maturity is capable of being determined from the recorded instruments, the limitations period is ten (10) years from the date of maturity. If the final date of payment or maturity is not capable of being determined from the recorded instruments, then the statute is sixty (60) years after the security instrument was recorded. (Civ. Code, sect. 882.020.)
It sounds like to me that the statute of limitations does not apply to your situation. But it also sounds like you are routinely getting bum legal advice from a variety of sources, such as a crooked attorney who took money for a "forensic loan investigation," the internet, etc.