Foreclosure to Home Free, as 5-Year Clock Expires

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MIAMI – In September, Susan Rodolfi celebrated an unusual anniversary: five years of missed mortgage payments. She is like a ghost of the housing market’s painful past, one of thousands of Americans who have skipped years of mortgage payments and are still living in their homes. Now a legal quirk could bring a surreal ending to her foreclosure case and many others around the country: They.

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"I understand they don’t like the idea that people can end up with free houses but this undermines and defies the purpose of a statute of limitations," said foreclosure defense attorney Roy Oppenheim, who is fighting a high-profile foreclosure deadline case in Boca Raton in which homeowners stand to win a multimillion-dollar waterfront mansion.

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 · After service, the lien claimant has 60 days to commence a lien foreclosure suit. Lien claimants must be mindful that a Notice to Commence Suit shortens the time otherwise available to file a lawsuit to foreclose a lien. Mechanic’s lien rights will expire 60 days after service of a Notice to Commence Suit if a lawsuit has not been filed.

Banks have less than 30 days to file suit against homeowners for deficiency judgments However, if you had the same bill and were making monthly payments on it through December 2015 and then stopped, the statute of limitations on the debt would expire in December 2018. But be warned, if you made a payment in March 2017, that would reset the clock, and the statute wouldn’t expire.

Silver Housing Solution, LLC is a local Real Estate Solutions company based In Miami, FL. Silver Housing is a family owned business with core value of helping homeowners solve thier problem and providing a unique solutions to potential home owners with credit problems as well.

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 · Foreclosures have financial impacts that can stretch beyond the damage done to your credit scores. If you’ve had a foreclosure, you need to be aware of the risks associated with deficiency judgements. This is when your mortgage lender tries to recoup any losses they incurred after selling your home in a foreclosure auction.

 · Nevada FORECLOSURE Timeline Property Owner stops making loan payment beneficiary/lender records Notice of Default (NDF) A notice of Default may be recorded the day after the default occurs, unless the note provides for a grace period, in that case, the day after the grace period expires. Foreclosure time clock starts the day after NDF is recorded.