Acceleration

State-by-State List of Statute of Limitations on Debt and Why Texas Doesn’t Have One for Mortgage Debt

No deficiency judgment or decree can be made in foreclosure where the debt secured by the mortgage is barred by the statute of limitations.

State-by-State List of Statute of Limitations on Debt

UPDATED JAN 7, 2022 | REPUBLISHED BY LIT: JUL 15, 2022

Unlawfully, Secured Loan Debt in Texas, for mortgages, HELOC Loans and similar no longer receive the protection of the 4-year Statute of Limitations, the debt is carried forward infinitely in favor of the lender, non-bank or debt collector, the majority of whom, operate illegally in Texas.

Your home now has less consumer protection than a credit card debt, which came into effect only after the financial crisis of 2008.

Prior to this time, Texas courts firmly applied binding statute of limitations which protected consumers homesteads which were secured by a mortgage or loan in Texas.

See; Hilpert v. Commissioner of Internal Revenue, 151 F.2d 929, 932-33 (5th Cir. 1945)

(“”No deficiency judgment or decree can be made in foreclosure proceedings where the debt secured by the mortgage is barred by the statute of limitations.””).

A statute of limitations is the amount of time a person can take in order to take legal action on a certain event. When it comes to debt, the statute of limitations is the amount of time a creditor can take before asking the court to force you to pay for a debt. The court system doesn’t keep track of the statute on your debt. Instead, it’s your responsibility to prove the debt has passed its statute of limitations.

Time-Barred Debts

Debts that have passed the statute of limitations are known as time-barred debts. However, just because the debts have aged past the statute of limitations doesn’t mean that you no longer owe money or that your credit rating cannot be impacted. It just means the creditor won’t get a judgment against you—as long as you come to court prepared with proof that your debt is too old.1 Proof might include a personal check showing the last time you made a payment or your own records of communication that you’ve made about that debt.

Categories of Debt

Debts fall into one of four categories.2 It’s important to know which type of debt you have because the time limits are different for each type. If you’re in doubt, check with your attorney about which type of debt you have.

Oral agreements: These are debts that were made based on a verbal agreement to pay back the money, and there is nothing in writing.

Written contracts: All debts that come with a contract that was signed by you and the creditor falls in the category of a written contract—even if it was written on a napkin. However, a written contract must include the terms and conditions of the loan. For example, the amount of the loan and the monthly payment must be included. Medical debt is one kind of written contract.3

Promissory notes: A promissory note is a written agreement to pay back a debt in certain payments, at a certain interest rate, and by a certain date and time. Home loans and student loans are two examples of promissory notes.45

Open-ended accounts: An account with a revolving balance you can repay and then borrow again is open-ended. Credit cards, in-store credit, and lines of credit are all examples of open-ended accounts. If you can only borrow the money one time, it is not an open-ended account.6

Statutes of Limitations for Each State

Each state has its own statute of limitations on debt, and they vary depending on the type of debt you have. Usually, it is between three and six years, but it can be as high as 10 or 15 years in some states.

Before you respond to a debt collection, find out the debt statute of limitations for your state.

If the statute of limitations has passed, there may be less incentive for you to pay the debt.

If the credit reporting time limit (a date independent of the statute of limitations) also has passed, you may be even less inclined to pay the debt.

These are the statutes of limitation, measured by years, in each state, as of June 2019.

State Oral Written Promissory Open
Alabama 6 6 6 3
Alaska 3 3 3 3
Arizona 3 6 6 3
Arkansas 3 5 3 3
California 2 4 4 4
Colorado 6 6 6 6
Connecticut 3 6 6 3
Delaware 3 3 3 4
Florida 4 5 5 4
Georgia 4 6 6 6
Hawaii 6 6 6 6
Idaho 4 5 5 5
Illinois 5 10 10 5
Indiana 6 6 10 6
Iowa 5 10 5 5
Kansas 3 5 5 3
Kentucky 5 10 15 5
Louisiana 10 10 10 3
Maine 6 6 6 6
Maryland 3 3 6 3
Massachusetts 6 6 6 6
Michigan 6 6 6 6
Minnesota 6 6 6 6
Mississippi 3 3 3 3
Missouri 5 10 10 5
Montana 5 8 8 5
Nebraska 4 5 5 4
Nevada 4 6 3 4
New Hampshire 3 3 6 3
New Jersey 6 6 6 6
New Mexico 4 6 6 4
New York 6 6 6 6
North Carolina 3 3 5 3
North Dakota 6 6 6 6
Ohio 6 8 15 6
Oklahoma 3 5 5 3
Oregon 6 6 6 6
Pennsylvania 4 4 4 4
Rhode Island 10 10 10 10
South Carolina 3 3 3 3
South Dakota 6 6 6 6
Tennessee 6 6 6 6
Texas 4 4 4 4
Utah 4 6 6 4
Vermont 6 6 5 3
Virginia 3 5 6 3
Washington 3 6 6 3
West Virginia 5 10 6 5
Wisconsin 6 6 10 6
Wyoming 8 10 10 8
Certain states have additional limitations on the ability to enforce an Oral Agreement, depending on the type of debt. If in doubt, check with your state’s Attorney General’s office.

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State-by-State List of Statute of Limitations on Debt and Why Texas Doesn’t Have One for Mortgage Debt
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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