Foreclosure to Home Free, as 5-Year Clock Expires In the context of home foreclosure, the statute of limitations for written contracts is usually the applicable statute. Or, state law might provide a specific statute that addresses foreclosures.
Homeowner’s need to stand their ground and understand their rights. The application of Florida’s 5 year Statute of Limitations relating to a bank’s ability to foreclose a home (once 5 year’s has lapsed since the bank accelerated the loan)is in flux and a moving target. The Florida Supreme Court will now likely get involved and have the final say as [.]
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New York courts are also considering the statute of limitations. "It’s becoming a more common way to get out from under these cases," Linda Tirelli, a lawyer in White Plains who represents home owners facing foreclosure, told The New York Times. Source: "Foreclosure to Home Free, as 5-Year Clock Expires," The New York Times (March 29.
If 5 year FL statute of limitations for foreclosure is exceeded, how do we go about filing quiet title to get rid of mortgage? foreclosure originally filed 6/12/2008, but was not completed. Filed again Feb 2013, but not served on us yet.
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A word about the proverbial "clock running out." In Florida, the statute of limitations for foreclosure of a mortgage is five years, which begins when the last requirement of the claim occurs; or, apropos of this litigation, at the time of the acceleration. So, presumably a lender has five years to sue to collect on a defaulted debt.
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