Legal Question in Credit and Debt Law in Maryland
Being sued 10 years later.
Please help. I bought a home in 1994 and was given a $4400 loan by Howard County for a down payment. In 1996, the house was forclosed on and sold at auction. 6 years later (2002), I get a letter from the Country stating that I owed $2,000 plus in intrest and fees as well as the $4,400. I called and told them I didn't own the property any longer and it was sold at auction. Was told that it would be taken care of. Now 4 years later (2006), I get a sumens notice. They are sueing me for over $7,000. I called and talked to them, now they are willing to go back to the 2002 notice and take $6100 over 5 years. Isn't there limit on the number of years you can be sued for something like this? What should I do?
2 Answers from Attorneys
Re: Being sued 10 years later.
Did the County require a security interest in the property? If the County required a security interest in the property, you should check your foreclosure paperwork. It is possible that the loan was paid off through the foreclosure but just not properly credited by the County.
The statute of limitations (which prevents the County from suing you), would most likely be 12 years. However, I would have an attorney look at the loan paperwork, including the deed of trust if there was one; and the foreclosure papers, especially the audit report, to be sure that you are still liable on the loan.
Re: Being sued 10 years later.
If the Note was signed under seal (not an actual seal, but a reference to a seal by the signature line), the statute of limitations is 12 years.
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