Case Dismissed Due to Statute of Limitations Defense

In the case of O’Hearn v. Wells Fargo Home Mortgage, Inc., No. 2013-CV-7170 (C.P. Lack. Co. Aug. 4, 2023 Nealon, J.), the court granted a Defendant’s Motion for Summary Judgment based upon a statute of limitations defense.

According to the Opinion, this matter involved a case in which the Plaintiffs’ father passed away back in 2004 and his estate defaulted on his mortgage on his property.  At some point thereafter, the Defendant bank filed a mortgage foreclosure action against the estate and locked up the deceased father’s residence in an apparent attempt to secure and protect that property.

Upon gaining access to the mortgage property five (5) years later on June 14, 2009, the Plaintiffs discovered that the residence had been vandalized by intruders who had damaged the property and stole or destroyed personal property contained in the file.

The Plaintiffs filed suit against the bank on December 20, 2013 asserting various claims for waste, conversion, misrepresentation, and negligent infliction of emotional distress based upon the banks allegedly failure to properly secure their deceased father’s residence and protect the contents.

Relying upon the Plaintiff’s deposition testimony and the record before the court, the bank filed a Motion for Summary Judgment asserting, in part, a statute of limitations defense.

Judge Nealon confirmed that the claims presented by the Plaintiff were indeed subject to a two (2) year statue of limitations which began to run when the Plaintiff’s discovered their alleged losses and damages back on June 14, 2009.

Since the Plaintiffs did not commence their lawsuit within the two (2) year statute of limitations, the court found that the claims presented were barred.

As such, the Motion for Summary Judgment filed by the Defendant was granted.


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