Fifth Circuit Holds that Statute of Limitations Extended by Cross-Collateralization Clause

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Under the Mississippi law a deficiency suit must be brought “within one-year from the date of the foreclosure or sale” of the collateral. See Miss. Code Ann. § 15-1-23. The United States Court for the Fifth Circuit has recently confirmed that when the indebtedness is secured by multiple pieces of collateral the statute of limitations does not begin to run until after the disposition of all the collateral. See Volvo Financial Services v. Williamson, No. 18-60229, 2018 WL 6333781 (5th Cir. Dec. 5, 2018).

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