[CLBS] Statute of Limitations

D. Blair Clark dbc at dbclarklaw.com
Fri Apr 17 16:49:49 MDT 2015 

State or Federal DC?  

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1513 Tyrell Lane, Suite 130
Boise, ID 83706
Telephone:    (208) 475-2050
Fax:               (208) 475-2055



-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of TJ Angstman
Sent: Friday, April 17, 2015 4:30 PM
To: 'Ron Kerl'; Robin Long
Cc: clbs at admws.idaho.gov
Subject: Re: [CLBS] Statute of Limitations

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
_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
http://admws.idaho.gov/mailman/listinfo/clbs

More information about the CLBS mailing list