statute of limitations (SOL) | firsttuesday Journal

May a second trust deed note holder on a call of a recourse note now unsecured due to foreclosure by the senior note holder, judicially collect the payment due on the call when monthly note payments are more than four years delinquent?

by David Swistock | Dec 7, 2023 | Finance, Laws and Regulations, Loan Products, Mortgages, Real Estate | 0

Piedmont Capital Management, LLC. v. McElfish

Statute of Limitations

by ft Editorial Staff | Dec 23, 2022 | Feature Articles, Real Estate, Video | 0

The three-year statute of limitations which runs from the commencement of the encroachment when an owner seeks to terminate an encroachment or recover money losses.

Does the period for filing an action to clear title begin to run when a parcel is physically altered by the construction of a building by someone other than the person claiming to be the owner?

by Kinnedy Kriso | Apr 18, 2022 | Real Estate, Recent Case Decisions | 0

Kumar v. Ramsey

May the omission of a second trust deed in a judicial foreclosure action by the first trust deed holder be corrected beyond six years after the first trust deed note became due and payable?

by Amy Platero | Jan 25, 2021 | Property Management, Real Estate, Recent Case Decisions | 0

Robin v. Crowell

Does the statute of limitations period begin to run on the original misconduct or on discovery of misrepresentation?

by Matthew Taylor | Jul 15, 2013 | Real Estate, Recent Case Decisions | 0

What triggers the commencement of the statutory limitations periods in the event of a lender misrepresenting loan terms to a buyer?

Four-year limitation applies to claims for breach of duty owed to client

by Jeffery Marino | Dec 29, 2011 | Real Estate, Recent Case Decisions | 0

An owner whose home was in foreclosure listed his property for sale with a real estate broker. An...

Know your limitations, don’t be SOL

by Jeffery Marino | Dec 1, 2011 | Feature Articles, Fundamentals, Real Estate | 0

Part II of this article series on statutes of limitations (SOLs) pertaining to real estate brokers and agents explains the SOLs for claims of negligent misrepresentation under a fiduciary duty and intentional misrepresentation under both a general and fiduciary duty.

As time passes, stale claims crumble away

by Jeffery Marino | Oct 24, 2011 | Feature Articles, Fundamentals, Real Estate | 0

Part I of this article on statutes of limitations (SOLs) pertaining to claims brought against real estate brokers and agents introduces the concept of the SOL as a liability shield and explains the SOLs for breach of fiduciary duty and negligent misrepresentation under a general duty.