Publications & Presentations
November 15, 2017

Hot Topic: Statute of Limitations (Sword or Shield?)

Presenter, CBA-CLE, Financial Institutions Subsection of the CBA Business Law Section

In recent months, several Colorado borrowers have filed lawsuits seeking to extinguish deeds of trust on their residences based upon the expiration of the statute of limitations. The fact scenarios involve one or more prior withdrawn foreclosures, repeated loss mitigation efforts and a last payment more than six years prior to the lawsuit. While statute of limitations issues are frequently raised by borrowers in connection with Rule 120 hearings, the latest filings can be attributed to one borrower’s success in an unpublished appellate ruling on a motion to dismiss based upon the 1909 Colorado Supreme Court case. This presentation will discuss the statute of limitations, tolling and re-starting of the statute of limitations and case law developments.