Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My mortgage is in default going on 6 years. I have tried unsucessfully

Customer Question
to work with the mortgage...
My mortgage is in default going on 6 years. I have tried unsucessfully to work with the mortgage company. It is my understanding that in Texas if a loan is not collected within 4 years the the statue of limitations kicks in and the note would not be able to be collected? Am I correct on this matter? Thank You
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
7/20/2015
Real Estate Lawyer: Dimitry Esquire, Attorney replied 2 years ago
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
Verified
Thank you for your question. Please permit me to assist you with your concerns.
You are indeed correct with your belief. Please look to Section 16.004 of the Texas Civil Practice & Remedies Code which I have provided to you below for review. Just please be aware that includes any action and any situation where you never 'assumed' the debt or promised to pay it back, as that can restart the statutory period.
Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues:
(1) specific performance of a contract for the conveyance of real property;
(2) penalty or damages on the penal clause of a bond to convey real property;
(3) debt;
(4) fraud; or
(5) breach of fiduciary duty.
(b) A person must bring suit on the bond of an executor, administrator, or guardian not later than four years after the day of the death, resignation, removal, or discharge of the executor, administrator, or guardian.
(c) A person must bring suit against his partner for a settlement of partnership accounts, and must bring an action on an open or stated account, or on a mutual and current account concerning the trade of merchandise between merchants or their agents or factors, not later than four years after the day that the cause of action accrues. For purposes of this subsection, the cause of action accrues on the day that the dealings in which the parties were interested together cease.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 950, Sec. 1, eff. Aug. 30, 1999.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 189, 84th Legislature, Regular Session, for amendments affecting this section.
Sincerely,
Dimitry, Esq.
Ask Your Own Real Estate Law Question
Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Dimitry Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

41,221 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
Landlord is claiming cracked/split as damage from movers.
Landlord is claiming cracked/split wood as damage from movers. However, he did not do a move-in inspection so there was nothing to compare the move-out inspection. He scheduled the move out inspection… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is it legal for a mortgage lender to require the borrower to
is it legal for a mortgage lender to require the borrower to cancel credit cards as a term of qualification? This in effect forces them to hurt their credit worthiness for the future by unseasoning cr… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,341 satisfied customers
I am in a civil lawsuit with real property foreclosure
i am in a civil lawsuit with real property foreclosure against one of the big banks, the first filing was dismissed with prejudice we refiled and was granted in part and denied, the defendants filed s… read more
Lori
Lori
Juris Doctor
312 satisfied customers
Can the HOA be sued for damages resulting in a rat
Can the HOA be sued for damages resulting in a rat infestation in a single unit that spread to adjoining units? … read more
Lori
Lori
Juris Doctor
312 satisfied customers
I represent myself in a partition case of real property in
I represent myself in a partition case of real property in California Supreme Court. On Nov 13 the judge granted a ‘summary interlocutory motion' to divide the property. This was done in spite of my o… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Regarding damages to the house that he and his sister both
Regarding damages to the house that he and his sister both own, how do you submit the damages that she's done to the house to the court? With the Partition paper work? Also, can I give Power of Attorn… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Another property damaged my property by illegal diversion of
Hi another property damaged my property by illegal diversion of storm water. I have not sued them yet but now they are selling their home trying to run from me. Viewing your article. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
If a real property is for sale and the deed says no family
If a real property is for sale and the deed says no family member can buy or live in the property if another person buys the property can a family member lease or buy the property the property from th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I am interested in bidding on a piece of real property
I am interested in bidding on a piece of real property scheduled to be auctioned by the IRS. The IRS has provided a list of encumbrances on the property including a municipal real estate tax lien and … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
What is the best way to find out what real property has been
What is the best way to find out what real property has been bought or sold by an individual or a company? Can this be done without hiring a service? thanks… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The executrix of an estate wishes to purchase real property
The executrix of an estate wishes to purchase real property from said estate, but is facing a bidding was with a beneficiary. The will states that the executrix has the opportunity to purchase real pr… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In state, a real property held in joint tenancy and
In Washington state, a real property held in joint tenancy and inhabited by the co-owners; if a dispute develops between the co-owners in regard to visitors to the property, how is that issue resolved… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How is like real property exchanged in no. carolina between
How is like real property exchanged in no. carolina between relative where no money is offered and there are no encumbrances on either parcel? … read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers
In State of Alabama If a real property owner has a pending
In State of AlabamaIf a real property owner has a pending lawsuit against him as a defendant and sells the real property to a unrelated third party ;does a judgement against the seller real property o… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Who is responsible for damage to real property by adjacent
Who is responsible for damage to real property by adjacent property owner via construction and personal use in the state of South Carolina? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
Can title to real property and ownership of real property
Can title to real property and ownership of real property exist separately between two separate entities?… read more
Michael Gonzalez
Michael Gonzalez
JD
525 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x