I loaned a friend money about 25 yrs ago and a voluntary lien was placed on her property. There is a clause in the note that she cannot assert any statute of limitation, presentment or demand on the note. Relying on this provision and since she was always in dire situations, I did not pursue payment in confidence that when she would refinance or sell the property she would need to pay me off. About a year ago she contacted me that she was refinancing and saying she had paid for the loan. She later confirmed she had not. The loan's interest is larger than the value of her house, so I offered to settle the debt for less than 1% of what she would owe me. She has now gone to an attorney who says that my loan is barred under the 4 year contract and the 10 year judgment. I did some research and it doesn't seem correct, especially in view of the clause that she canot assert any statute of limitations. Do you know of any civil procedure section that would defend my position?
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