syl wrote: So how do we get around the pesky fraud details?? How about letting the statute of limitations on Fraud run out?!!!!
sly none of this is legal advice and I'm not a lawyer. In some states the clock starts ticking when the fraud is officially discovered; not suspected. In many other states there is a date of offense deadline. Variations are more complex concerning the field of mortgage fraud. Additionally once you make a formal complaint (lawsuit or other official notice) if the alleged perpetrator begins a stonewalling session after being officially notified the deadline problem often becomes theirs. Overall it's a grim (often seemingly unfair) situation in a vast number of states clogged up by both frivolous plaintiff lawsuits and expensive, unscrupulous, stall-and-stonewall defense attorneys like the infamous Robert J. Davis used by Collin County Texas.
This site may be helpful but do not consider it as **current** applicable or absolute: http://www.statuteoflimitations.net/fraud.html
Variations and stipulations on this slippery topic are abundant. I hate to leave you with this advice because many who come here to MSF simply can’t afford a lawyer but YOU DO NEED A SPECIALIZED MORTGAGE ATTORNEY on this one.
Ed Cage | firstname.lastname@example.org
* There are two statutes of limitations
governing when an action
alleging fraud may be brought in
New York. Under CPLR Sections
203(f) and 213(8), if a plaintiff alleges
that the defendant committed actual
fraud, then the statute of limitations
is six (6) years from the date of the
fraud, or two (2) years from discovery
of the fraud, whichever is later.