News & Analysis as of

Statute of Limitations Judicial Foreclosure Process

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Cadwalader, Wickersham & Taft LLP

Stay Just a Little Bit Longer: Not Jackson Browne but the Statute of Limitations

The Second Department recently held  in Trento 67, LLC v. OneWest Bank, N.A., et. al  that the FHA COVID-19 moratorium constituted a stay of foreclosures for federally-backed mortgages, and thus tolled the statute of...more

Hinshaw & Culbertson - Consumer Crossroads

The Texas Supreme Court Has Spoken: Mortgage Servicers May Rewind and Restart the Statute of Limitations Clock Within the Same...

Last week, the Texas Supreme Court answered the Fifth Circuit’s certified question as to whether simultaneous rescission and reacceleration can reset the limitations period under Texas Law by holding that “a rescission that...more

Orrick, Herrington & Sutcliffe LLP

6th Circuit: Tennessee judicial foreclosure time-barred

On May 4, the U.S. Court of Appeals for the Sixth Circuit affirmed a lower court’s decision in a judicial foreclosure action, holding that a bank’s lawsuit was barred by Tennessee’s 10-year statute of limitations for actions...more

Patton Sullivan Brodehl LLP

How a Junior Lien Can Survive Judicial Foreclosure

Oscar Wilde is quoted for saying—“To expect the unexpected shows a thoroughly modern intellect.” This advice certainly holds true for a senior deed of trust lienholder contemplating foreclosure on real property security. ...more

Snell & Wilmer

Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial...

Snell & Wilmer on

A recently issued opinion by the Court of Appeal, Fifth Appellate District tells a cautionary tale regarding a lender’s failure to name a junior lienholder in its initial judicial foreclosure action. In Cathleen Robin v....more

Snell & Wilmer

California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings

Snell & Wilmer on

The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end. On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council...more

Farella Braun + Martel LLP

Judicial Council Ends Statewide Eviction and Foreclosure Moratorium; Local Orders Remain in Effect

On August 13, 2020, the Judicial Council of California (a body representing the California State Courts) voted to allow two previously enacted emergency rules, one halting evictions and the other halting foreclosures, to...more

Seyfarth Shaw LLP

California Judicial Council Votes to Sunset Emergency Amendments to Rules of Court that Prevent Evictions and Judicial...

Seyfarth Shaw LLP on

As noted in prior updates, on April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court that, among other things, except as necessary to protect public health and safety...more

Allen Matkins

California Judicial Council Adopts Emergency Rules Affecting Unlawful Detainer Actions and More

Allen Matkins on

The Judicial Council of California adopted 11 temporary emergency rules in response to the COVID-19 pandemic affecting eviction proceedings, judicial foreclosures, and statutes of limitations for civil causes of actions,...more

Best Best & Krieger LLP

New Court Rules During the COVID-19 Pandemic

Bail, Evictions, Remote Hearings and Depositions and Statutes of Limitation Rule Changes - The California Judicial Council, the rule-making arm of the California court system, adopted several important statewide rules at...more

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