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    atwood's Avatar
    atwood Posts: 3, Reputation: 1
    New Member
     
    #1

    Jan 16, 2007, 01:17 PM
    SOL dates on loans secured by RE
    Debtor makes a loan and secures it by his or her residence. Debtor does not make any payments is over 10 years. In Illinois the note has now passed the SOL date. Can a party proceed with foreclosure on the collateral as the note has passed SOL.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 16, 2007, 02:20 PM
    Notes don't pass SOL. The ability to sue has an SOL from the date of last payment during which a suit for judgement must be initiated. If no suit is filed within that time frma the creditor is out of luck. However, I think the SOL applies to unsecured debt, not secured debt.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 16, 2007, 04:09 PM
    Yes, there should be no SOL on secured debts, and any debt secured by real estate will have a mortgage on that real estate, and can be forclosed at any time it is in default
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #4

    Jan 16, 2007, 04:57 PM
    Illinois Statutes of Limitation

    Breach of contract for sale under the UCC: 4 years.

    Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.

    Domestic judgments: 20 years, but can be renewed during that 20-year period.

    Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.

    Tolling: A person's absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.

    Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118

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