There isn’t an endless time frame that creditors including mortgage holders have to collect on their debts and foreclose on a property. Homeowners who have not been able to make their mortgage payments but have yet to have their lender or holder file a foreclosure action against them should find out exactly what the time frame is to file suit against them.

The Deadline for Foreclosure

That’s an easy question – FIVE YEAR DEADLINE for a Mortgage holder to bring a lawsuit for Foreclosure.

What’s not easy is establishing the starting and ending point. The ‘clock’ starts at the date of default. It typically is uninterrupted unless you take some sort of action that prevents the lender/holder from filing a foreclosure action against you. One of those actions would be filing for bankruptcy which may suspend or extended the time period until action can be taken by the lender/holder.

A mortgage holder can bring a foreclosure action based on any of the default dates which is defined as failing to make payments on their due date or within the grace period. With every missing payment, a different time period begins. Your lender or holder can act on any of those dates. Ultimately that means the lender/holder has 5 years from the Final Payment date to ring a foreclosure action against you.

Deficiency Judgments and Deadlines

A deficiency judgement resulting from a foreclosure is the balance of monies remaining after the loan not covered by the sale of the foreclosure.

Statute of Limitations on a Foreclosure Deficiency Judgement – ONE YEAR

The time period starts the day after the clerk of courts issues a certificate if title to the buyer of the foreclosure. This time frame is specific to foreclosures on or after July 1, 2013. It the foreclosure sale was before July 1 2013 the statute of limitations is five years or July 1, 2014 – which ever is sooner.


Contacting a foreclosure attorney during the foreclosure process is key to knowing your rights and whether or not your lender is within their rights to bring a lawsuit against you. A positive defense to a foreclosure lawsuit is the expiration of the Statute of Limitations.