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Updated over 5 years ago,

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Bob Malecki#5 Tax Liens & Mortgage Notes Contributor
  • Investor
  • Kingston, WA
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WA statute of limitations tolling question

Bob Malecki#5 Tax Liens & Mortgage Notes Contributor
  • Investor
  • Kingston, WA
Posted

I'm completing due diligence on a first position NPL on a property in WA state, which has a statute of limitations of 6 years in the event that either the loan was accelerated (NOD) or the borrower had a bankruptcy discharge. See https://wadebtlaw.com/blog/statute-of-limitations-and-quiet-title-in-washington-state/ for a brief overview. 

Now, for the loan we are looking at, the borrower did file BK 7 and was discharged in 2009, so I would assume that they could challenge this loan since 6 years have passed since then. 

But........the original lender filed a law suit in 2009 (not a foreclosure) and cited the mortgage in the suite and the judgement was issued in the lender's favor in 2015. I'm trying to determine if any statutory tolling would apply here to extend the SOL from 2015, when the judgement was made. 

Anyone have any thoughts on this? 

Thanks

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