Missouri Court of Appeals, Western District / Date unavailable
Jeffrey Cox, et al. vs. Mortgage Asset Securitization Transactions, INC. f/k/a Paine Webber Mortgage Acceptance Corporation IV
Jeffrey and Michelle Cox, representing a class of Missouri borrowers, appealed a partial summary judgment granted to Mortgage Asset Securitization Transactions, Inc. (MASTR) on claims alleging violations of the Missouri Second Mortgage Loan Act. The trial court found fourteen of sixteen claims barred by the six-year statute of limitations. The appellate court reversed and remanded, holding that MASTR waived its six-year statute of limitations defense by failing to properly plead it in its answer, and the Borrowers did not waive their objection to the defense.