I had posted this below but the last item #2 was not answered by the lawyer. I think I inadvertently posted the above when I meant to really reply to the lawyer directly here. New to this. If you can/want answer my post then feel free. Thanks, Steven:
Hypothetical Question: In 2000 defendant gives plaintiff a mortgage . In 2008 the plaintiff files foreclosure. In his answer, Defendant sets up an affirmative defense of fraud in the inducement claiming that plaintiff got the mortgage by false promises . Preesume that statute of limitations for civil fraud is 3 years. I got this advice and want to check to see if it is correct: I am told that the statute of limitation applies to a plaintiff who pleads it in his complaint affirmatively but does not apply to an affirmative defense raised by a defendant in it's answer.. The statute of limitations only applies to plaintiff's who sue based on a claim of fraud. Also, in my state, as is the case in most other places, fraud pled by a plaintiff must be pled with specificity. The advice I am getting says that when a defendant raises fraud as an affirmative defense, there is no specificity requirement.
1. Please comment on the foregoing, i.e. Is the advice I am getting right or wrong ?
2. I would like the name of a legal textbook that has a section on this subject
Very helpful Thanks very much.. Much apprecaited.
PS: I originally had this questioned answer and wanted afollow up after I hit ACCEPT. I sent another to the same lawyer had to give $15 (already sent $45). I guess you inadvertently read my follow-up to him and asked for the complete question/inquiry.
I am new to this system and I would have entered in the full $45 for another full opinion/reply. Sorry!!! No insult/disrespect to you intended for $15. You had a great answer.
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