A In General

• Library: Foreclosures Guidebook (2017 Ed.)

A. In General

Even after the debt has been properly accelerated, counsel must be alert to additional obstacles to foreclosure:

1. Death of a mortgagor or a mortgagor’s successor in interest

2. Bankruptcy of a debtor

3. Applicability of:

- the SCRA (Servicemembers Civil Relief Act), 50 U.S.C. §§ 3901–4043, which updated and strengthened the former Soldiers’ and Sailors’ Civil Relief Act of 1940;

- the FDCPA (Fair Debt Collection Practices Act), 15 U.S.C. §§ 1692 et seq.; and

- other federal statutes

4. Statute of limitations

Regarding the running of the statute of limitation under § 516.110, RSMo...