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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)

Citation
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Parent Document
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Jurisdiction
New Hampshire (state)
Effective Date
2014-03-04

Other Sections in This Document (127)

Full Text

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Sykes’s allegations do not support tolling the applicable statutes of limitations on the basis of fraudulent concealment. As discussed above, regardless of whether the mortgage defendants attempted to conceal facts from Sykes, he became aware or should have become aware of the facts essential to his causes of action against the mortgage defendants in 2009. Sykes was aware of the foreclosure, and, therefore, should have been aware that he did not receive notice of the foreclosure or the other required notices on October 2, 2009. Therefore, fraudulent concealment does not toll his claims for breach of contract, wrongful foreclosure, or breach of the implied covenant of good faith and fair dealing against the mortgage defendants.