Legal Question in Real Estate Law in California
Mortgage loan was discharged in a Chapter 7 bankrupcy in 2009, made last monthley payment on it ,in 2008. Lien changed hands from Realty Mortgage/EMC, to Wells Fargo after bankrupcy. Made trial modification payment on it ,in order to avoid foreclosue, in 2011. Payment was not applied to mortgage. Question is; when does the statue of limitation start on lien collection?
1 Answer from Attorneys
There is no statute of limitations on non-judicial foreclosure of a mortgage in California. With the debt discharged in bankruptcy, there really is no time limit running on anything. The lender can wait until you die, or sell, or just one day decide to foreclose. Be careful, though, because if you voluntarily made payments after the discharge you may risk reaffirming the debt too.
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