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Second opinion] Utah has a six year statute of limitations

Second opinion] Utah has a six year statute of limitations on a creditor bringing a suit to collect a debt based on a written contract such as a promissory note. So, if a debtor signs a promissory note and secures it with a first trust deed on a piece of real estate, and then at a certain point makes no payment on the note for over six years, what happens in terms of the creditor being able to pursue collection on the debt? How does it affect the first trust deed if at all?

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Attyadvisor

Doctoral Degree

7,810 satisfied customers
Utah has a six year statute of limitations on a creditor

Utah has a six year statute of limitations on a creditor bringing a suit to collect a debt based on a written contract such as a promissory note. So, if a debtor signs a promissory note and secures it with a first trust deed on a piece of real estate, and then at a certain point makes no payment on the note for over six years, what happens in terms of the creditor being able to pursue collection on the debt? How does it affect the first trust deed if at all?

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Phillips Esq.

Attorney

Juris Doctor

20,210 satisfied customers
WiseOwl58 Today, I submitted the order for bankruptcy

WiseOwl58Today, I submitted the order for bankruptcy conformation plan to the sheriff responsible for praecipe of sale. She informed me she would fax over the order, to plaintiff's attorney but they would be responsible for removing property from praecipe of sale list. The plaintiffs were already served the order October 14, 2016. These are the same attorneys that file their praecipe of sale more than a month after we were granted the bankruptcy conformation plan. The next sale is December 21, 2016 and according to the employee responsible for the sale we are not on that one. The next sale is January 18, 2017. I believe they are going forward with the sale automatic stay or no automatic stay. The trial court Chronological Summary Report does not reflect the notice I flied to the court that we received the bankruptcy plan filed November 29, 2016. The clerk claims their system was backlogged and their data system was temporary down, but the entries are pending according to the clerk to be entered. It's more of the same deception I witness for the last seven years. The plaintiff's attorney misrepresent himself as counsel for EMC Mortgage LLC former subsidiary of JP Morgan Chase Bank that has been inactivated since February 21, 2014 according to the Texas Secretary of State. Chase has stated in a letter they cannot validate the debt and they would cease and desist from further efforts to collect the debt but the attorneys continue to litigate. They get help at every level. I don't trust none of them. If they filed their praecipe of sale after we received the order for the confirmation plan and Indiana statute state that the home goes to the buyer irregardless of fraud. They don't possess the original note, mortgage, or trust deed, and there are 2 missing release of mortgage. They will just create fraudulent documents to replace the originals. What can I do?

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3,846 satisfied customers
About six years ago a title company recorded a trust deed

About six years ago a title company recorded a trust deed for my lender on some adjacent properties I financed. Now we find that the title company used the wrong sidwell numbers on all the properties involved. The properties have been sold, sometimes more than once. Accordingly, all the reconveyances done out of the original trust deed are reconveying out of the wrong sidwell numbers. Who has liability here?

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3,846 satisfied customers
I BOUGHT A CONDO FROM THE YEARLY SACRAMENTO COUNTY TAX

i BOUGHT A CONDO FROM THE YEARLY SACRAMENTO COUNTY TAX AUCTION SALE, IT SUPPOSE TO BE FREE OF ALL PRIOR LIENS, INCLUDING HOME OWNERS ASSOCIATION EXCEPT FOR TAX AND CITY LIENS, CAN YOU GIVE ME YOUR OPINION. THANKS, **********JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: CALIFORNIAJA: Has any paperwork been filed?Customer: THEY WANT TO COLLECT FEES FROM BEFORE I BOUGHT THE CONDO,JA: Anything else you want the lawyer to know before I connect you?Customer: NO

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Thelawman2

Doctoral Degree

1,938 satisfied customers
I live in California. deed NOT On the loan, my aunt's name

I live in California. My name is ***** ***** NOT On the loan, my aunt's name on loan only. I been making payment every month for past 3 years what legal rights does my aunt has?

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Loren

Juris Doctor

40,198 satisfied customers
The seller is able to leave the home at the time of closing

The seller is able to leave the home at the time of closing escrow. However, he needs about 20 additional days to clear out his personal belonging in the back yard. Cars, tools and mechanic. Does this represent a problem for me the buyer? Legally how does this affect me?Is a NOTE and TRUST DEED the best contract for a seller financing mortgage loan?

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Loren

Juris Doctor

40,198 satisfied customers
My husband and I have a self directed ira with real estate

My husband and I have a self directed ira with real estate investments. Each property is in A llc. A company set this up for us and we r running out of money in the ira due to nonpayment of rent and rehab costs. There is a trust deed on the property. Can we hand over the property and lose our down payment

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3,846 satisfied customers
This question is real estate related. needed a copy of the

this question is real estate related. needed a copy of the documents concerning property in utah in which owner carried. the only papers i had were either signed by the seller and not my husband and i, or signed by us and not the seller. figuring the title company we went thru would have them.what they had on file was pretty much what i had...escrow instructions that were not signed by both parties..etc. escrow officer said she would mail me what they had in thier files but ,utah is a right to privacy state and she would not send me copies of sellers papers.that each transaction was individual etc. my question...what could sellers papers contain that buyer would be kept from? and are any of the escrow agreements valid if not signed by seller and husband and i( as joint tenants) ?she said there is a search they can do for a fee. what might that be ?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,694 satisfied customers
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