Beth Findsen Strikes Again: Shaking up the Statute of Limitation Doctrines in Az

Once again, Attorney Beth Findsen in Scottsdale, Az has employed her considerable legal skills to create a crack in judicial doctrine regarding the application of the statute of limitations. In this case the decision was mostly restricted to credit card debt — so far. The Court referenced other kind of debt and said it is not addressing that yet.

In this case the Supreme Court of Arizona ruled that for credit card debt (and potentially others) the cause of action on the entire debt arises at the time of default and not when the creditor exercises its option to accelerate. But the Court goes further and states that contrary to other decisions the statute of limitations runs on the entire debt starting from the date of default.

The decision makes perfect logical sense. The vast majority of lawyers in the nation completely disagree with the courts who in foreclosure cases have essentially ruled that there is no statute of limitations on foreclosures for all practical purposes. This Arizona decision reads like Ms. Findsen’s style of writing — inexorable in its logic.

Mertola v Santos, Az Supreme Court

4 Responses

  1. It looks like this was overturned by the Arizona Supreme Court.

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  2. The link to the case seems off.

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  3. North Carolina…every default keeps the clock running, could be 30 years. Rubbish…contract law, not discretionary and courts the General Assembly is trying to re-make laws. The Statute clearly states: contract law is applicable. I don’t know how the rest see this or even feel about it, but I am sick of these judges, making the law what they “think” it means or what they want it to mean. This “free house” garbage is just that. We have down payments, upgrades, maintenance, taxes, insurance, etc…the only people getting free houses are the “sewer rats”…con men and women of the legal profession, allowing themselves to be used as conduits for the banking mafia. It appears to me, paying for a legal education shouldn’t reduce you to being a pawn for a debt collector, to get a check. The fact is: there’s a billion dollars to be made, getting on the right side of this. Cleaning up titles, deed offices, dismantling MERS, breaking these financial menaces into pieces, so they can be bought up and put back together for the good of the country, not for the benefit of a few! Doing the right thing has it own reward and people will follow. Yes, I’m pissed…10 years and still playing the game.

    Liked by 1 person

  4. For many homeowners the original day of voluntary acceleration starts the clock. date of last payment could be years later.

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