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Old 10-21-2005, 12:14 PM
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Getting sued on an old (out of state) debt...

My wife had a second mortgage on her house in California several years ago. The first and second mortgages went into default and everything was quiet for some time afterwards.

We now live in North Carolina. Supposedly, a NC-based mortgage company acquired the note. They have filed suit in county court here seeking the entire loan amount.

Our attorney wants us to settle this and seems to think California law applies, even though the suit was filed in North Carolina. We looked over the note (which was supplied in the suit) and it doesn't say anything about governing law.

The attorney thinks California's 6 year SOL would apply to us - [url]http://caselaw.lp.findlaw.com/cacodes/ccp/335-349.4.html[/url]

Is this possible? I would have expected the suit to be filed in California (where the property was located and where the contract was signed) in order to have the benefit of California's longer SOL. I have no doubt in my mind that the SOL has expired under NC law.

What to do?
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