Blair Gisi featured in the Fall Edition of the USFN Report
Statute of Limitations Considerations Post-Covid
With the end of the moratorium and influx of proceed instructions regarding foreclosures that have been on hold for prolonged periods of time, it seems prudent to review recent developments in Kansas regarding the relevant statute of limitations.
In Kansas, foreclosure actions are subject to a five-year statute of limitations. However, the case law in Kansas is quite clear that where the loan documents provide the lender the right to accelerate the debt at the lender’s discretion, then the statute of limitations is not actually triggered until the debt is accelerated. Absent unusual circumstances, the debt is not considered accelerated until a lawsuit is filed to enforce the debt. See Wilmington Sav. Fund Soc'y v. Holverson, 2021 Kan. App. LEXIS 20 (Ct. App. May 14, 2021).