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Foreclosure Forum |
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Depends on the ascertainability of the maturity date..In Reply to: Foreclosing on a Note that hasn't been paid on since 1991 posted by Steve Gold on June 06, 2003 at 4:54 PM : Can you do a Non-Judicial Forcloseure on a Note secured by a Deed of Trust that has not been paid on since 1991, and has been all due and payble since 1992. someone told me that the California Civil Code states that you waive your rights to collect after a certain amount of time has passed. : Since I'm considering buying this Note I would greatly appricate some insight into this matter. Or could someone direct me to what the Civl Code states? : Thanks, =•=•=•=•=•=•=•=•=•=•= Steve, CA Civil Code Section 882.020(a)(1)&(2) state that the lien expires at, and is not enforceable by action for foreclosure, after the later of the following times: (1). Ten years after the final, ascertainable maturity date; OR (2). Sixty years after the deed of trust was created if the final, maturity date CANNOT be ascertained. Hope this helps. Follow Ups: Post a Followup:
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