White v. CitiMortgage, Inc., No. 16-2599 (8th Cir. 2017)
Annotate this CasePlaintiff 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.
Court Description: Riley, Author, with Loken and Benton, Circuit Judges] Civil case - Civil procedure. Under Missouri law, the statute of limitations on plaintiff's contract 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 steps to ascertain the extent of the damages; here, plaintiff did not become aware of the problems with the title underlying his mortgage until he tried to sell the property; the suit was timely and the district court erred in dismissing it as barred by the applicable five-year statute of limitations; reversed and remanded for consideration of the merits of plaintiff's claims.
The court issued a subsequent related opinion or order on July 26, 2017.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.