White v. CitiMortgage, Inc., No. 16-2599 (8th Cir. 2017)Annotate this Case
Plaintiff filed suit against CitiMortgage in state court, seeking an order setting aside the deed from a foreclosure sale and enforcing a modified loan. Freddie Mac intervened. The district court held that plaintiff's claims were all time-barred by the applicable five-year statute of limitations and subsequently entered summary judgment to CitiMortgage. The Eighth Circuit reversed and held that the statute of limitations on plaintiff's claims only started running when a reasonable person would have been put on notice that an injury and substantial damages may have occurred and would have undertaken to ascertain the extent of the damages. In this case, by all indications, until plaintiff tried to sell the house, everything seemed to be in order with the title underlying his mortgage.
The court issued a subsequent related opinion or order on July 26, 2017.