Mortgage foreclosure cases must begin within 10 years of the right to sue
People seeking to foreclose a mortgage or bring a case over debt secured by one must act within 10 years after the right to sue begins.
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What it does
A person must start a mortgage foreclosure or a case over debt secured by a mortgage within 10 years after the right to sue or foreclose begins.
Argument forA clear 10-year deadline could help borrowers and lenders know how long they have to bring a mortgage-related debt case.
Argument againstA 10-year deadline could prevent lenders from bringing a foreclosure or debt case if they wait too long.
More detail
The law provides a 10-year period to start a mortgage foreclosure or a case over debt secured by a mortgage. The provisions cover mortgage foreclosure cases and cases over debt secured by a mortgage; the written-debt rule also lists other written obligations. For covered written debt, a written payment or promise to pay allows a case within 10 years after that payment or promise. The 10-year period starts when the right to sue or foreclose begins. For covered written debt, a written payment or promise to pay allows a case within 10 years after that payment or promise.
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