[CLBS] Statute of Limitations

[Ron Kerl]

If the underlying obligation secured by the DOT is stale and unenforceable
because of the SOL, so is the ability to foreclose the DOT securing it. A
DOT can be foreclosed only if there is a valid debt tied to it.

 A quiet title action would remove the unenforceable DOT.

RK

Ron Kerl
Cooper & Larsen, Chtd
151 N. Third, Second Floor
P.O. Box 4229
Pocatello, ID 83205
Tel: (208) 235-1145
Fax: (208)235-1182


On Fri, Apr 17, 2015 at 2:53 PM, Robin Long <RLong at foleyfreeman.com> wrote:

> 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
> > 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.
> >
> >
> > -----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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> >> http://admws.idaho.gov/mailman/listinfo/clbs
> >
> > !SIG:553171e642972142512892!
> >
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