[CLBS] Statute of Limitations

[Bruce M. Perry]

I know the lien remains after a chapter 7 discharge.  My question is in
light of the discharge and if the statute of limitations bars a foreclosure
action, is there then any way to extinguish the lien?

Bruce M. Perry

Integra Law Group 

950 W. Bannock, 11th Floor
PO Box 1870
Boise, ID 83701

T/   208.386.9000
C/   208.867.9000
F/   208.386.9900

integralawgroup.com

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-----Original Message-----
From: Robin Long [mailto:RLong at foleyfreeman.com] 
Sent: Friday, April 17, 2015 2:41 PM
To: Bruce M. Perry
Cc: clbs at admws.idaho.gov
Subject: Re: [CLBS] Statute of Limitations

The debtors individual liability is discharged, but assuming the bank has a
valid security interest they can foreclosure on their lien. They would have
to pay off the first lien holder. 

Sent from my iPhone

> On Apr 17, 2015, at 2:26 PM, Bruce M. Perry <bperry at integralawgroup.com>
wrote:
> 
> 
> 
> Dear Listmates,
> 
> 
> 
> One of the debts that was discharged in a Chapter 7 was a home equity
loan.
> It has now been over 5 years since the maturity date of the loan and 
> no payments have been made during that time.  Is the lender barred 
> from bringing a foreclosure action.  If so, since the debt was 
> discharged, can the lien be extinguished?  Would it take a quiet title 
> action?  Thanks for your help.
> 
> 
> 
> Bruce M. Perry
> 
> 
> 
> Integra Law Group
> 
> 950 W. Bannock, 11th Floor
> PO Box 1870
> Boise, ID 83701
> 
> 
> T/   208.386.9000
> C/   208.867.9000
> F/   208.386.9900
> 
> 
> 
> <http://www.integralawgroup.com/> integralawgroup.com
> 
> 
> 
> This email is confidential and only for the use of the intended recipient.
> If you are not the intended recipient, any use, distribution or 
> copying of this communication is prohibited.  If you have received 
> this email in error, please notify us by reply email or telephone at 
> (208) 386-9000 and delete/destroy the original message.  Thank you.
> 
> 
> 
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