Q: What is the statue of limitations on a mortgage lien in Ca
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
In California, loans secured by real estate are documented by a promissory note and a deed of trust. The statute of limitations to sue on the promissory note is within 4 years after the date of breach. Cal. Civil Code § 337. The statute of limitations to foreclose on deed of trust is (1) within 10 years of the date of performance of obligation if that date is ascertainable, or (2) within 60 years after the instrument was recorded if the date of performance is not ascertainable, which time limits may be expanded by the creditor filing a notice of intent to preserve the security interest. Cal. Civ. Code § 882.020(a). Be sure to consult your own attorney to protect your legal rights.
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