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In TX, what is statute of limitations for 2nd mortg deficiency judgment?

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Was foreclosed on in May 05. Made last payment in Mar 05. First and 2nd mortgages foreclosed. Nearly 6 years later, Feb of this year 2011, get sued by a lender who had bought the "note" from previous lender. Tx Business/Commerce Code Sec 3.118 states 6 years for a "note". HOWEVER, Sec. 3.118(h) states this does not apply to a real property lien. States those are covered by Civil Practice and Remedies code sec 16.035, which states the limit is 4 years. Case law interpretation I have found is ambiguous. Haven't found case like mine with traditional 1st/2nd mortg through traditional lender. Most cases are private party "notes".

Attorney Answer

1
Teri Walter ·
They have 6 years from the default to sue on the note, but only 4 years to enforce the lien. Since the property has already been foreclosed, the lien has already been taken care of .
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