[CLBS] Statute of Limitations

Fri Apr 17 16:29:43 MDT 2015

I am not sure the QT will work in every district court.  If there are decisions from around the state I'd love to see them.  We have a case now where the chapter 7 trustee "inherited" property subject to one of these and have not found a way to remove it with a QT.  In fact I think we found local DC decision not willing to remove it.  In effect, the lender still gets paid if the property is ever sold to somebody who does not want the encumbrance.

Still, Ron, if you have a "contested" district court decision from your neck of the woods, that might make me interested in running up an appeal.

Thanks!

T. J. Angstman
Angstman Johnson
3649 Lakeharbor Lane
Boise, Idaho 83703
208-384-8588
208-853-0117 (FAX)

tj at angstman.com
www.angstman.com

NOTICE: This electronic transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender that is protected by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 and 2521 and may be legally privileged.  This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret.  If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited.  If you have received this communication in error, please notify Angstman, Johnson & Associates, PLLC immediately by telephone (208-384-8588) and destroy the original message.  Messages sent to and from us may be monitored.  If you are the intended recipient, you acknowledge that the email address being utilized is secure and that there will not be a waiver of the attorney-client privilege or breach of any duty of confidentiality by the sender's correspondence to that email address.

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Ron Kerl
Sent: Friday, April 17, 2015 2:58 PM
To: Robin Long
Cc: clbs at admws.idaho.gov
Subject: Re: [CLBS] Statute of Limitations

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.
> >>
> >>
> >>
> >> _______________________________________________
> >> CLBS mailing list
> >> CLBS at admws.idaho.gov
> >> http://admws.idaho.gov/mailman/listinfo/clbs
> >
> > !SIG:553171e642972142512892!
> >
> _______________________________________________
> CLBS mailing list
> CLBS at admws.idaho.gov
> http://admws.idaho.gov/mailman/listinfo/clbs
>

--
*CONFIDENTIALITY NOTICE:*

DO NOT read, copy, save, or disseminate this communication unless you are the intended recipient.  This E-Mail communication contains confidential and/or privileged information intended only for the named recipients.  If you have received this communication in error, please call us (collect) immediately at (208) 235-1145 and ask to speak to the sender of the communication; or please send a reply e-mail to the sender and notify the sender immediately that you have received this communication in error.

This communication was not written and cannot be used for the purposes of avoiding federal tax penalties that may be imposed on you, unless specifically stated.
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs