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Quiet Title Actions Based Upon Expiration of Time to Foreclose

debtinversion.com | November 8, 2015

By LeNoir Law Firm

In a previous post we discussed the New York Mortgage Foreclosure Statute of Limitations, under which the owner of a mortgage loan has up to six years from the date that a mortgage is accelerated to file a foreclosure action.

When a mortgage is accelerated, all past, present and future payments of principal and interest become immediately due and payable and can be recovered from the homeowner through a foreclosure action. Acceleration of a mortgage occurs either when a mortgage foreclosure action is filed, or less commonly, when a “notice of acceleration” stating that the mortgage has been accelerated is mailed to the homeowner.

Six years after a mortgage is accelerated, the time to file a mortgage foreclosure action expires (with occasional exceptions). If the bank has not won a judgment of foreclosure and no mortgage foreclosure action is pending at that time, the homeowner may file a quiet title action to discharge (remove) the mortgage lien from the property. For example, as of today November 6, 2015, a homeowner may sue for quiet title if a foreclosure action was commenced (or a notice of acceleration was mailed) any time before November 6, 2009. One year from today, mortgages accelerated before November 6, 2010 will be dischargeable through quiet title actions. And so on.

When a homeowner wins quiet title, the property can be sold without paying the mortgage debt. The homeowner keeps the sales proceeds instead of the bank. Debt Inversion accomplished.

If the time to foreclose upon your mortgage has expired, no judgment of foreclosure has been awarded, and no mortgage foreclosure action is currently pending, it is important to consult with an attorney experienced in mortgage litigation to determine whether you have a valid quiet title claim.

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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