The circuit court erred in sustaining a plea in bar as to the statute of limitations for the plaintiff’s claim for breach of deed of trust.
In 2008, the plaintiff conveyed real property by deed of trust. Bank of America later became the holder of the note evidencing the indebtedness secured by the deed of trust. The plaintiff alleged that Bank of America breached the deed of trust by accelerating and foreclosing before a right to do so accrued under federal regulations. The accrual date for the breach alleged in the complaint, therefore, is the date on which the acceleration occurred. That date is not in the record, but Bank of America conceded at oral argument that if acceleration was the event giving rise to the alleged breach, the limitations period has not elapsed.
Reversed and remanded.