At Ask Me Help Desk you can ask questions in any topic and have them
answered for free by our experts. To ask questions or participate in
answering them you must register for a free account. By registering you
will be able to:
Get free answers from experts in any of our 300+
topics.
We had a 2nd mortgage on our property that was discharged dec 2004, and now the person has got a certificate pending litigation filed and statement of claim filed as of July 2007. We are representing ourselves and I think it fall outside the statue of limitations.
I also think that a discharged mortgage is just that??
Do you mean it was discharged in a bnakruptcy? Or do you mean it was written off? the two are very different. If it was discharged in a bankruptcy, then the debt no longer exists and this "person" has no right to collect it. All you need to do is show up in court with a copy of your bankruptcy showing the debt as discharged and the case will be dismissed.
However, if it was written off that has no effect on your obligation to pay. the last date of activity and where you live will determine the SOL.
We had a 2nd mortgage on our property that was discharged dec 2004, and now the person has got a certificate pending litigation filed and statement of claim filed as of July 2007. We are representing ourselves and I think it fall outside the statue of limitations.
I also think that a discharged mortgage is just that??
My husbands father had a 2nd mortgage on our property to secure a loan he gave him as an early inheretance, and then discharged it in dec 2004. Now in june 2007 he wants to put another lein to secure the money again and we are being sued for that debt. I want to know if the statue of limitations covers us in that it has been more than 2years now?
this is still confusing. You need to define what you mean by discharge. Do you have a document that states the debt was paid, or forgiven? Also 2 years is short for an SOL.
My husband and I own the property and we are on title.
My husbands father had a second mortgage on the property to secure an early inheritance he gave him long ago, and he discharged the second mortgage in Dec 2004.
We refinaced and got a new first and increased to pay off some debts we had.
Now more than 2 years later my husbands father is sueing us in civil court wanting to secure the money he gave him again.
Our bank BMO had my husbands father sign to have this mortgage discharged and we have a statement that the mortgage was completely discharged from land title registry office.
The debt was a second mortgage payment on demand, but balance owing NIL, so the debt was discharged.
My husbands father now over 2 years later, wants to sue us and have the debt reinstated?
I'm sorry, its kind of a long story to explain, but i will try again.
To try and make a long story short: Before I met my husband, his father gave him an early inheritance. My husband had signed onto a second mortgage with his father to secure the money. My husband and I got married in 2002 and in Dec 2004 his father had the mortgage discharged with the land registry office. Now in 2007 my father in law is sueing both my husband and I in civil court wanting us to resign the money and more even, a second morgage to him. He claims that he had only discharged the mortgage with intensions of us to be able to increase our mortgage and then sign another 2nd to him so that he could secure the money he gave to his son again, and that we have refused.
Linear Mode
