dusty

Is time tolled for affirmative defenses?

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It would appear not. Recently I found a case and the banks motion to strike affirmative TILA and RESPA affirmative defenses was granted. I thought time was tolled for affirmative defenses and/or counter claims. Evidently they are, if fraudulently concealed or when you become aware of it.

So must we be cognizant of not only does SOL apply to COA filed against us, but to defenses and counterclaims? Can facts arguing conditions precedent were not met be argued generally in the answer if not as a Affirmative defense? What else can be argued and how?

Thanx in advance for any insight for entertainment purposes!

dUsty

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