Q: New Jersey statute of limitations on foreclosures
Hi, The bank filed in 2010, and served me in 2012. The last payment to the mortgage was in Nov 2009. The bank has refused to grant a mortgage modification. They filed within the six years; but had not enforced the foreclosure. The for sale date is always rescheduled by them. Is the statute of limitation applicable to the years of mortgage non-payments or the bank's failure to file for foreclosure? TThanks
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A: The statue of limitations is 6 years from the date of default. There is no statue of limitations defense based on the facts that you stated. You need to retain an attorney who has expertise in both mortgage foreclosure defense and bankruptcy. Good luck.
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