hallenges to mortgage lenders and servicers’ right to foreclose based on the expiration of the statute of limitations are rapidly increasing in the Pacific Northwest and Southwest regions.
Consumer attorneys are now representing borrowers in a winner-take-all bid to avoid repayment of their home loan and simultaneously prevent servicers from ever foreclosing and recovering the principal owed.
However, two strategies for defeating these claims are now gaining acceptance: waiver of acceleration and tolling due to bankruptcy.
Source: Mortgage Daily
