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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Dues from a Foreclosed Property - Statute of Limitations

    My question involves collection proceedings in the State of: South Carolina

    I lost the property to foreclosure in 2008.
    I don't remember getting anything relating to this property since the foreclosure.

    I thought it would have been wiped out with the foreclosure - Now, it looks like the dues survived the foreclosure since I received a Summons.
    And the creditor is different than the original creditor.

    In my package, I also have a notice giving me 30 days to dispute the validity of the debt or some portion thereof.
    This is the same amount of time I have to file my Answer to the court.

    Looks like I have to send letter to Verify the Debt as well as Answer the Summons to stay in compliance with both deadlines.

    What is the statute of limitations for this type of debt?
    And from what date would the time start?
    The last paid date or the actual foreclosure date?
    They categorize it as breach of contract.

    Thank you!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Dues from a Foreclosed Property - Statute of Limitations

    Debts are not wiped out in foreclosure. Foreclosure is not bankruptcy. All foreclosure does is wipe out the security. They have six years I believe.

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Dues from a Foreclosed Property - Statute of Limitations

    Thank you, flyingron, for your response.

    I did find some information in South Carolina code about Limitations.
    It appears that they have different limitation for Recovery of Real Property and Other Than For Recover of Real Property.

    Would I be correct in saying that this would not be recovery of real property - since the property is already foreclosed upon?

    So I think this would fall under section 15-3-530 of the code: http://www.scstatehouse.gov/code/t15c003.htm - which states 3 years.

    Am I on the right track?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Dues from a Foreclosed Property - Statute of Limitations

    No, that would be the foreclosure itself.

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