A Case Study: Lenders Beware of an Expiring Statute of Limitations
A 2021 decision from the Utah Court of Appeals, Daniels v. Deutsche Bank National Trust, et al., presents a cautionary reminder to lenders. The case began with an ordinary $300,000 loan, secured by a deed of trust against the borrower’s home, and ended with the borrowers taking their home free of the bank’s lien. To add insult to injury, the bank was required to reimburse the borrowers $95,523 in legal fees.
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