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I rented out my house to my daughter in 2003. I left the payments of the monthly mortgage in her hands, and did not receive a status of the payments. I had a rental agreement with her. She did not make payments for over a year, and by the time I was notified that the home was in foreclosure, it was too late for me to prevent the loss of my house. Since then, I have lost the home, and want to know if it is too late for me to go after the rent that she never paid.
State/Country relating to Question: North Carolina Already Tried: Talking with my daughter. letters sent, but no response or indication that she will pay.
When did you last get a payment or charge her? 2003?
She moved in in 4/2002. Her last payment, was 12/2003. I was notified in 05/2004 that the house was in foreclosure, which was finalized in 10/2004. I did not know if it is too late to take her to Small Claims court. I was in the middle of a divorce during this time, and she continued to tell me that she was taking care of the mortgage. Since the house went in to foreclosure, I lost everything in the divorce settlement, for the judge ruled that I was negiligent in handing this matter. My ex-husband (2nd husband), was awarded the house we lived in and all maritial assets. The house that my daughter lived in (my home left to me by my husband who died in 1988). I am on social security and want to know if I have any course of action against my daughter, at this time.
You are facing a statute of limitation problem here since on a contract theory claim, you should have sued within 3 years of the last charge or payment, whichever is later. You can try to negotiate a settlement with her or have her admit the debt in writing or e-mail as alternative.
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