BECK et al v. FEDERAL NATIONAL MORTGAGE ASSOCIATION
ORDER denying 2 Motion for Cancellation of Mortgage Debt by Statute of Limitations. Ordered by US DISTRICT JUDGE CLAY D LAND on 04/12/2017. (CCL)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
CHARLES W. BECK and ANNETTE S.
CASE NO. 3:17-CV-29 (CDL)
FEDERAL NATIONAL MORTGAGE
O R D E R
Plaintiffs Charles and Annette Beck, who are proceeding pro
se, allege that Defendant Federal National Mortgage Association
(“Fannie Mae”) committed mortgage fraud against them.
assert that the assignment of their security deed to Fannie Mae
Presently pending before the Court is the Becks’
Limitations” (ECF No. 2).
The motion is denied.
security deed to secure a home loan.
Compl. 1-2, ECF No. 1-1.
The Becks also appear to acknowledge that the security deed was
later assigned to Fannie Mae, although they assert that the
assignment was invalid.
Id. at 2-3.
The Becks’ present motion
Pls.’ Mot. for Cancellation of Mortgage Debt 1, ECF
The Becks did not submit any evidence in support of this
In a prior action brought by the Becks against Bank of
America, there was evidence that the assignment took place in
Order Granting Def.’s Mot. to Dismiss 4, ECF No.
Assignment of Security Deed 1, ECF No. 20-4 at 1 in 3:16-cv-2).
contracts in writing shall be brought within six years after the
same become due and payable.”
This statute means that an action
based on a written contract must be brought within six years
after the claim accrues.
In other words, to be timely, a breach
of contract lawsuit must be filed within six years after the
Here, Fannie Mae has not asserted a civil action
based on a written contract.
And nothing in O.C.G.A. § 9-3-24
sets a time limit on the assignment of a security deed.
mortgage debt under O.C.G.A. § 9-3-24 fails and must be denied.
IT IS SO ORDERED, this 12th day of April, 2017.
s/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
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