Deleeuw v. Nationstar Mortgage LLC, 2018 UT App 59 (April 12, 2018).
Apr 12, 2018
Appellant was in default of his mortgage agreement in 2008 for failing to make payments. The mortgage company began the foreclosure process by accelerating the payment due under the agreement in 2016. At issue was whether the triggering event for the six-year statute of limitations period was the breach of the agreement or the accelerated due date. The Court of Appeals held that although an action on a written agreement usually begins to run at the time of the breach, a more specific statutory provision under the U.C.C. provided that the triggering event was the accelerated due date.