Bridgewater, MA asked in Consumer Law and Foreclosure for Massachusetts

Q: We stopped paying our mortgage when the servicing company messed up. That was 2011, has staute of limitations run out on

It doesn't show on credit report and they want to auction house now after 12 years. Don't care about the house but don't want to have to file bankruptcy 12 years after the fact. We haven't lived there for 12 years.

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Consumer Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: The statute of limitations for a suit on a promissory note in Massachusetts is six years from the date of breach and the limitations period can be extended by part payment. If you stopped paying more than six years ago and did not subsequently make partial payments, and there was nothing that would toll the limitations period like being in bankruptcy or residing out of state, then the limitations period would have expired. I believe there may be a case stating this but I could not quickly lay me hands on it.

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