Does the statute of limitations apply to a home loan application?

California, United States of America


The following excerpt is from Lowe v. Bank of Am., N.A., A138791 (Cal. App. 2014):

The borrowers acknowledge that they filed their lawsuit more than three years after they purchased their home in 2005. They maintain, however, that the statute of limitations was tolled under the delayed discovery and fraudulent concealment rules. (See 338, subd. (d).) They claim that the banks concealed the false information on page three of the loan application. They contend that the trial court abused its discretion in sustaining the demurrer because "[g]enerally, statute of limitations issues raise questions of fact that must be tried . . . ." (Kline v. Turner (2001) 87 Cal.App.4th 1369, 1374.)

Other Questions


Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
What is the applicable statute of limitations for pre-filing of an application? (California, United States of America)
Does the statute of limitations apply to the application to have the RDP agreements declared void? (California, United States of America)
Does a federal decision construing a state forfeiture statute apply the same weight and authority as it applies to a federal forfeiture statute? (California, United States of America)
Does the applicable statute of limitations apply to an information that was brought before the appropriate date? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
What is the applicable statute of limitations for an action to recover unearned finance charges? (California, United States of America)
What is the applicable statute of limitations for a claim brought by a plaintiff who alleges that she was sexually abused by her therapist? (California, United States of America)
What is the applicable statute of limitations for a motor vehicle accident? (California, United States of America)
How have courts interpreted the estoppel principle as applied to the statute of limitations? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.