Santos
United States v. Santos
Opinion
Opinion
Caulfield, J.
OPINION AND ORDER
This matter comes before the Court on defendant Allen Santos’ motion for summary judgement. The primary issue raised by defendant’s motion is whether plaintiff’s cause of action is barred by the applicable statute of limitations provisions contained in 28 U.S.C. § 2415 . Upon consideration of the briefs and oral arguments of the parties, it is the ruling of this court that defendant’s motion shall be GRANTED in part and DENIED in part as outlined below.
FACTS
On May 9, 1990 plaintiff filed this action seeking recovery of a defaulted home loan guaranteed by the Department of Veterans Affairs (“VA”) pursuant to 38 U.S.C. § 1803 . Defendant maintains that he has never acknowledged the debt owed to the VA; nonetheless, he does not dispute that the loan in question has been in default.
The VA approved the loan in question on January 25, 1980. Defendant's name and signature appear on the loan forms. The parties do not indicate when defendant allegedly defaulted on the loan; however, a foreclosure sale on the subject property was held on August 14, 1984, leaving an outstanding balance of $24,289.63, plus interest owing on the property. After the sale, the VA sent…