Tag Archive: statute of limitations

• Demand for Full Payment Does Not Accelerate Mortgage Maturity Date

  Posted by NCBRC - October 18th, 2016

  Demanding full payment of a mortgage after the debtor’s default did not accelerate the maturity date such that the limitations period for filing a foreclosure action was moved up. Washington v. Bank of New York Mellon, No. 15-3210 (3rd. Cir. Sept. 30, 2016) (unpublished).

  Though the mortgage agreement specified a maturity date of 2037, the debtor, Gordon Washington, argued that when Bank of New York demanded full payment and filed its first foreclosure action in 2007, it activated the mortgage agreement’s acceleration clause and established a new maturity date for the mortgage. The foreclosure action failed for lack of prosecution and the creditor filed a new action after Mr. Washington had filed his bankruptcy petition in 2014. Mr. Washington then sought an order to the effect that the creditor no longer had an interest in the property because the limitations period had elapsed. Read More

• Elimination of Statute of Limitations Is Not Due Process Violation

  Posted by NCBRC - November 30th, 2015

  The abrogation of the six-year statute of limitations on government actions to collect student loan debts paid by loan guaranty agency was not a due process violation. United States v. Falcon, No. 13-16588 (9th Cir. Nov. 9, 2015) (per curiam). Read More

• Filing of Stale Claims in Bankruptcy Violates FDCPA

  Posted by NCBRC - July 11th, 2014

  Addressing what it termed a “deluge that has swept through U.S. bankruptcy courts,” the Eleventh Circuit took on the question of “whether a proof of claim to collect a stale debt in Chapter 13 bankruptcy violates the Fair Debt Collection Practices Act (“FDCPA” or “Act”). 15 U.S.C. §§ 1692−1692p (2006). Based on the broad language of the FDCPA, Eleventh Circuit precedent, and the record before it, the court found that it does. Crawford v. LVNV Funding, No. 13-12389 (11th Cir. July 10, 2014). Read More

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