BECK et al v. FEDERAL NATIONAL MORTGAGE ASSOCIATION

Filing 3

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
ATHENS DIVISION
CHARLES W. BECK and ANNETTE S.
BECK,

*
*

Plaintiffs,
*
vs.

CASE NO. 3:17-CV-29 (CDL)

*
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

*

Defendant.

*

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.

They also

assert that the assignment of their security deed to Fannie Mae
was invalid.

Presently pending before the Court is the Becks’

“Motion

Cancellation

for

Limitations” (ECF No. 2).
The

Becks

appear

of

Mortgage

Debt

by

Statute

of

The motion is denied.
to

acknowledge

security deed to secure a home loan.

that

they

executed

a

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.
seeks

a

ruling

[Georgia’s]

that

statute

Id. at 2-3.

the
of

The Becks’ present motion

assignment

to

Fannie

limitations

of

6

Mae

years

on

“violates
written

contracts.”

Pls.’ Mot. for Cancellation of Mortgage Debt 1, ECF

No. 2.

The Becks did not submit any evidence in support of this

claim.

In a prior action brought by the Becks against Bank of

America, there was evidence that the assignment took place in
October 2015.
22

in

Order Granting Def.’s Mot. to Dismiss 4, ECF No.

3:16-cv-2

(citing

Pls.’

Mot.

for

Summ.

J.

Ex.

D,

Assignment of Security Deed 1, ECF No. 20-4 at 1 in 3:16-cv-2).
O.C.G.A. §

9-3-24

provides:

“All

actions

upon

simple

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
breach occurs.

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.
these

reasons,

the

Becks’

motion

for

cancellation

of

For
their

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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