What is the limitation period for a claim to cancel a promissory note and deed of trust?

California, United States of America


The following excerpt is from Shetty v. Goldman Sachs Mortg. Co., B263938 (Cal. App. 2017):

accord, Zakaessian v. Zakaessian (1945) 70 Cal.App.2d 721, 725 ["[o]rdinarily a suit to set aside and cancel a void instrument is governed by section 343 of the Code of Civil Procedure"].)11 The promissory note and deed of trust were executed in December 2007 and the substitution of trustee was recorded in January 2009. Accordingly, the four-year limitations period for a cancellation claim directed to those documents expired in December 2011 and January 2013, respectively. This action was not filed until December 2013.

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