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Hi
I went to court(Mortgage Fraud) today for hearing because defendant’s lawyer tried to dismiss my case because of statue of limitation.
Nov/2006 I received letter from a lender that said” Your monthly payment will be increased” After the notice I went to mortgage broker and tried to get an opinion.He suggested me to refinance my loan and I agreed. He ask me to bring a full documents from title company to refinance and I did. In that documents I found someone forged my signature,changed interviews name and inflated appraiser value etc. It was Mar/2007. After investigation I confirmed mortgage fraud and I decided to file a lawsuit against Mortgage Broker, Title Company, and Lender in Dec/2008. Judge said “You received Notice from the Lender in Nov/2006, therefore you should have known that there was a fraud occurred.You are just one month late. Dismiss the case.
Everyone has a different opinion. But in this case, who would say “oh my god this is a fraud” after receiving a letter about changing mortgage payment.
Question is – Do we have a chance to appeal?
I am in Virginia.
Thanks

4 Thoughts on Can we make an appeal after judge dismissed a case because of statute of limitation?
  1. Reply
    MisterB206
    May 4, 2011 at 2:31 am

    Typically, you cannot appeal something that is beyond the statute of limitations. Consult with a banking/real estate attorney.

  2. Reply
    jokr8790
    May 4, 2011 at 3:12 am

    Yes. The dismissal constitutes a final judgment. You can argue that you did not receive actual notice of the fraud until you had received the documents from the title company. The issue will be whether you should have investigated sooner.

  3. Reply
    Gen. Stiggo [Atheati-in-Chief]
    May 4, 2011 at 4:00 am

    November 2006 was the date at which you were first put on notice that something may have happened. Four months later you found out that something was wrong. You then waited another 21 months to file suit. The statute of limitations is there for a reason. It is generally very difficult to get around it, and I don’t see as how you would be able to in this situation.

  4. Reply
    fah-q
    May 4, 2011 at 4:04 am

    it’s still a crime…..i would think statute hasn’t run out yet….as part of a plea and a year in county lockup they must pay restitution…….talk to the cops and the DA

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