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Kansas Court of Appeals Rules for Lender on Statute of Limitations Challenge

In June 2023, the Kansas Court of Appeals ruled on when the Kansas fiveyear statute of limitations begins to run for purposes of enforcing a mortgage loan in Warner v. Elftman, Kansas Court of Appeals No. 125,342, 2023 WL 4038596 (June 16, 2023)_(unpublished). In Warner, the borrowers argued that the five-year statute (K.S.A. 60-511(1)) began in 2003 when the borrowers stopped making their loan payments and that the lender’s 2021 foreclosure action was time-barred.

On the other hand, the lender contended that the five-year limitations period began to run in 2017, upon the note’s maturity, rendering the 2021 lawsuit timely. As summarized below, the Kansas Court of Appeals ruled in favor of the lender.


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