Statue of Limitation on Real Estate Fraud

[Ykms]

In Ventura, California in July 2007, trust deeds were prepared and given to investors as collateral on the money they invested in specific properties. The investor received interest on each investment at the onset with the promise of getting the original investment back in one year (notes matured in July 2008). When the deeds matured, the broker asked the investor to "roll over" the interest for another year. After investigating, the investor became aware that the deeds were not filed, the owner of the property was not even aware that the transaction took place, and the money was used for other purposes. Now the broker is asking for the chance to pay back all money owed. How long is the statute of limitation on this type of fraud?

 

[Michael Wechsler]

Avoid the statute of limitations on fraud by creating an agreement to extend the time to pay back the money owed. Typically it's 2 or 3 years (although it may depend upon the time to start the clock ticking, e.g. from date fraud discovered or date of breach of the agreement when the money was due.) It's fact intensive but an additional agreement to allow the owner to pay back the money would be the best way to ensure you're not closed out. Good luck.