[CLBS] Statute of Limitations

[Robin Long]

How does the SOL extinguish the lien on a DOT?

Sent from my iPhone

> On Apr 17, 2015, at 2:50 PM, Bruce M. Perry <bperry at integralawgroup.com> wrote:
> 
> 
> 
> 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
> 
> 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
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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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