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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16628
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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Our mortgage company, GMAC, filed a foreclosure suit against

Customer Question

Our mortgage company, GMAC, filed a foreclosure suit against us (5/9/2007).
They lost the case on March 28, 2013.
Because they returned payments to us from January, 2007 through April, 2007 and no payments were accepted during the time the foreclosure suit was pending this resulted in no payments being made from January, 2007 through March, 2013.
GMAC went bankrupt and servicing was transferred to Greentree. Greentree transferred the mortgage to DiTech and now it has been transferred to Rushmore.
From March, 2013 to the present no payments have been made or demanded. We have now gone nine and a half years with no payments and no demand for payment. Can we Quiet Title?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 10 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

I cannot comment on your specific case, but generally, there is no statute of limitations that would apply to foreclosure that only seeks to foreclose on the collateral (the house) and does not seek personal deficiency judgment against the borrower, so the new mortgage holder can start / re-open foreclosure at any time.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 10 months ago.
This was not really an answer to my question. Certainly not worth the $36 fee for "free" answer to my question. Will not use this service again!
Expert:  Alex Esquire replied 10 months ago.

I am a Florida licensed attorney with many years in real estate law and foreclosure law.

I have provided you with correct and accurate answer and I am not sure why you feel my correct answer is "poor service" to you?

Also another experienced legal professional has reviewed my answer and has agreed that my answer is correct and accurate.

I am sorry if the law might not favor your situation, but please don't hold it against me personally, as your poor rating negatively reflects on my good reputation with this website.

Please let me know why you feel my answer to you was "poor service" and also please let me know what related follow up questions do you have for me or what additional information are you seeking at this time?

Expert:  Alex Esquire replied 10 months ago.

Please let me further clarify my answer for you.

No. Generally, the court will not remove the mortgage lien from the title of the house, regardless of how long the mortgage payments have not been paid and/or demanded, until and unless the original mortgage amount, plus any delinquent fees, costs, interest, court deems appropriate is paid off by the home owner who is subject to the delinquent mortgage agreement.

I wish you the best of luck!

Expert:  Alex Esquire replied 10 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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