Q: Can I use the Statue of Limitations MCL 600.5807 for my form MC03 summons in a Civil Judgement?
I purchased a home in 2006, which had 2 mortgages 80/20. The 80% lender foreclosed on the home in 2008 and I do not know what happened to the 20% lender. In October of 2017, I received a letter from a bank stating that they were the owners of the 20% mortgage and they wanted to collect a little over $70.000. I have never heard of this bank before ever, I didn't know if this was legit, so I didn't respond. I assumed the original 20% lender received payment in the foreclosure since I haven't heard anything from them. About 2 1/2 weeks ago I received a summons that I have to answer and file. This bank that is attempting to collect this money attached an assignment of mortgage with the original note that was dated for August 2017. I have not received anything from this bank whatsoever, until the threat letter. It has been over 10 years, and yes I owe the debt, but according to the article I mentioned earlier they should not be about to go to the courts and ask for a judgment. Am I correct?
A: The 10 year SOL is calculated from the date of default. You have to figure out when your last payment was made and the run date will be 60 or 90 days after that (probably). If you don't have this information you can likely get it from the Plaintiff's lawyer.
You're putting the cart before the horse here. You need to ANSWER the complaint in order to claim affirmative defenses like the statute of limitations. This is not a 'cookie cutter' defense, and it is highly fact dependent.
It SOUNDS like you may have a valid defense here, but without a full analysis, it is impossible to say for sure. MORE to the point, you have 21 or so days to respond to the complaint. If you were served 'two and a half weeks ago' you are almost too late to respond. DON'T TRY TO DO THIS ON YOUR OWN. Get a local civil litigation attorney to help you ASAP (as in YESTERDAY!) and get him to respond and/or get a formal extension to respond from the plaintiff's attorney TODAY.
I can't emphasize this enough. A proper response will make all the difference. Get representation NOW.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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