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The statue of limitations for a bank to sue a homeowner on a

mortgage loan is 6 years...
The statue of limitations for a bank to sue a homeowner on a mortgage loan is 6 years in NY, but when does the 6 years start?Thanks so much
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10/10/2017
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 58,572
Experience: Experienced lawyer
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It runs from the date of the last payment or admission of debt. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 2 months ago
See they accelerated the loan in jan 2008 then they closed the foreclosure themselves in 2011. Opened new one in mid 2011, changed banks closed that and opened a new one in April 2014. my atty says it is over 6 years, so we are fighting it. Now the bank is saying we did a forbearance plan i made 3 trial payments each for half the regular mortgage payment and they refunded all and cancelled the plan half way through. However, they are saying they returned only 1 . I am trying to get proof. However, I want to ask if it really matters if I get this proof of not. Because in the forbearance agreement it says this does not stop the foreclosure it just stalla it so they can look at my records to decide if they will do a permanent modification. And that they can resume the foreclosure from where it left off if this forbearance plan is broken because they do not have to reaccelearte the loan since it is already accelerated. So they resumed then dismissed it months after due to their own errors. So even if I can't find proof the payment was returned shouldn't it not matter since that did not revoke the acceleration? Thanks
I would not forego the defense and ask for proof of payments to decide if defense is strong. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 2 months ago
My atty requested items and first they had different payments then they had 2 and one returned. I sent them through western union and western union only shows 1 payment returned. But I know they sent all the payments back. Is this key or can we still win without that proof? Is it black and white or more complicated than that? Thanks
All the payment records are key to determine if defense viable. If they cannot produce proof can also win for lack of documents. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 58,572
Experience: Experienced lawyer
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