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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7017
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I have 2 questions (1) I have a house that been in default

Customer Question

I have 2 questions (1) I have a house that been in default and I was a part of the housing fraud I have avoid paying for 6 1/2 years now it is a 6 yr statue of limitation where they cant litgate but hold a lien. should I confront them with this before the proceed with a forclosure or file papers with the court to this matter.
(2) how can I file a ucc1 and write myself as the secured party to protect myself in the future. I live on SSD however I know I am right and I want to fight to this unfair act of robbery by my bank. I had not paid in 6 years I refused to communicate with them so they sold it to ther 3 bank and they said in 35 days they would have me foreclosed on then last 3 days they said if I paid $888.00 for 3 months they would give me a modification. I told them I did not owe them nothing however I was paying under direst and extortion. after the 3 month they said they would send out my package one week later the sold it to another bank who now says they will proceed to foreclose keeping in mind the 6 year statue of limit. Please Help
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 month ago.

Good morning. Thanks for using Just Answer. If you made the three-month payments within the last six years, that very well could have extended the statute of limitations for six years from the date of the last payment. Regardless of that, however, the mortgage would have remained a lien on your property after six years, and could have been, and still can be foreclosed. The six year statute of limitations might have protected you against personal liability on the account and against a personal deficiency judgment., but a foreclosure would still result in the loss of the home. This is a complicated area of law, and I am providing you with general information only. You should obtain the opinion of a New Jersey real estate lawyer to be sure where you stand.

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