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In the Winter 2021, I wrote an article about how Edmundson v. Bank of America, 378 P.3d 272 (Wash. Ct. App. 2016) caused the statute of limitations to being to run upon a debtor’s discharge from bankruptcy in Washington. In March 2022, I wrote a follow up article detailing how the Court of Appeals for the State of Washington Division I gave the servicing industry an end to the misunderstanding created by the various interpretations of Edmundson in Copper Creek Homeowners’ Association v. Wilmington, No. 82083-4-I, slip op. (January 18, 2022). On April 24, 2023, the Colorado Supreme Court avoided the disaster that is Edmundson.
In United States Bank N.A. v. Silvernagel, 2023 CO 17, the Colorado Supreme Court circumvented the use of Edmundson in Colorado. In 2006, Silvernagel obtained a second mortgage. In 2012, Silvernagel received a bankruptcy discharge after filing a Chapter 7 bankruptcy. If these facts sounds familiar, they are. They start the same way that Edmundson did as well as all the cases that followed using it as a basis for the holding. In 2019, US Bank allegedly threatened to foreclose. To avoid foreclosure, Silvernagel filed a case seeking declaratory relief on the basis that US Bank’s interest had been extinguished by the statute of limitations. Colorado has a six year statute of limitations like Washington and most of the states in the region.
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