Settle 2nd Mortgage with Equity? - Part 2

vegasunderwater

LoanSafe Member
Aug 4, 2009
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I still don't have a lot to report. I've been looking into it myself as well.

Technically, the SOL would apply to some degree, even if the Acceleration Notice was not sent. But to what degree, I couldn't fully tell you. With that said, you're more protected than you think - because of the Charge off.


Whenever the account went into ChargeOff the full account balance would have become due, and the SOL would run from that.
Well, you ask for advice from two different attorneys, you get two different opinions.

So, attorney #2 cites the Nevada statute: https://law.justia.com/codes/nevada/2017/chapter-106/statute-106.240/ as to when a 10-year SOL starts running, either via the maturity date of the note OR via acceleration of the note which, in effect, "matures" or accelerates the note. Case law reveals that arguing using the written contract Nevada SOL of 6 years from the date of acceleration has been unsuccessful and the court decides in favor of the 10-year SOL.

He felt the language in a September 28, 2010 letter I received was clear enough to argue a case for acceleration in which it clearly states within the letter, "The entire amount of this note is now due and owing."

As such, the SOL would run out 09-28-20. Once that time has passed, I can request to have the lien removed, and if they refuse, I would need to file a quiet title action to force them to do so.

To be on the safe side, probably need one more legal opinion.

Thanks again for your input :)
 
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