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CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10221
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
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On the question of Statue of Limitations, It's been 6

Customer Question

On the question of Statue of Limitations, It's been 6 yrs. since last payment was made. In California it's 4 yrs. how do I address this to Lender? Is there some Govt. Agency or Legal procedure to follow?
Submitted: 4 months ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

If the statute of limitations has run and the lender still files suit, you must defend the lawsuit (you can do this by filing a responsive pleading called a "Demurrer" or a "Motion to Strike"). If this pleading fails, you can also argue this throughout the litigation in motions (and even at trial).

But this is up to you to defend, there is not a government organization or entity that will assert these defenses for you.

If you have been sued, I would suggest at least speaking with a local attorney for a consultation to help (some of these pleadings I suggested above are not simple, and you will want to formulate a good strategy to deal with the claim as efficiently as possible).

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