S-25-0777 Alex Hinrichsen and Janice Hinrichsen (Appellees) v. RCTS Properties, L.L.C. (Appellant)
Appeal from the District Court for Buffalo County, Judge John H. Marsh
Attorneys: Bradley Holbrook and Samantha Merrill (Jacobsen, Orr, Lindstrom and Holbrook, P.C., L.L.O. for Appellant) and Drew A. Graham (Svehla Law Offices, P.C., L.L.O. for Appellee)
Civil: Statute of limitations and judicial foreclosure.
Proceedings Below: Appellant executed a promissory note to Appellees, and after several years of non-payment, Appellees brought judicial foreclosure action. The district court determined that the statute of limitations did not begin running on the promissory note until the date of maturity and Appellees were able to foreclose on a lien in the amount of $247,068.43. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellants assign the following errors: 1) The district court erred in finding that the debt was not accelerated when Appellees voluntarily filed a proof of claim for the full amount of the debt in the personal guarantor’s bankruptcy and later referenced their ability to “further accelerate” the debt; 2) The district court erred in overruling Appellant’s motion for new trial because there was an error of law in the August 5, 2024 Order; 3) The district court erred in finding that the statute of limitations did not bar Appellees’ 2024 suit that accrued from a 2012 breach of contract and subsequent acceleration; 4) The district court erred in its order granting partial summary judgment because it did not sufficiently consider the argument regarding the entirety of Appellant’s affirmative defenses in its amended answer; 5) The district court erred in calculating the amount of the lien in the case to be $247,068.43, which includes time-barred installments due to its failure to properly apply the statute of limitations; and 6) The district court erred in dismissing Appellant’s counterclaim considering that the statute of limitations had run on the enforcement of the deed of trust.