How long could a person be sued for a debt related to a foreclosed mortgage?

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How long could a person be sued for a debt related to a foreclosed mortgage?

When does the “clock” start on the debt? Is it from when the account became delinquent, when the foreclosure process began or when I left the property, or another time? And if I move out of state but still within the US, does this change the amount of time I could be sued?

Asked on June 12, 2015 under Bankruptcy Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The "clock starts running" from when you defaulted on your mortgage (failed to make payment) or, as you put, became delinquent. That (failure to pay) is the breach giving rise to the cause of action (grounds to sue). Your state, unfortunately, has perhaps the longes statute of limitations, or time period during which you can be sued, for situations like this: 15 years (it's the written contract statutte of limitations). So you could be sued for up to 15 years from when you first failed to pay.


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