After entry of a final foreclosure judgment and foreclosure sale which did not satisfy the amounts owed pursuant to a promissory note and mortgage, the judgment creditor instituted a deficiency action seeking damages, interest, costs and attorneys fees. The deficiency action was filed less than five years after entry of the final judgment but more than five years after the first default on the promissory note. The borrowers raised the statute of limitations as a defense, arguing that the deficiency action had to be brought within five years of the initial default, and the trial court granted summary judgment in their favor. Read the article………………………
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