Will Florida Supreme Court rule against statute-of-limitations on foreclosures?

On November 3, in a case that was closely watched by industry participants, the Florida supreme court held that a mortgagor’s default that occurs after the dismissal of a prior foreclosure action in which the loan payments were accelerated resets the five-year statute of limitations for filing a subsequent foreclosure suit.

Florida is a judicial state with a relatively short statute of limitations period of five years. Due to the number of foreclosure cases since the financial crisis. In Bartram, the Florida Supreme Court answered the following certified question:. that was dismissed pursuant to Rule 1.420(b), Florida Rules of Civil.

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NO Statute of Limitations in Florida Foreclosures."in keeping with the practices of Florida mortgage industry" The dissent in Beauvais is pretty scathing. The dissent essentially adopts my argument and recognizes that the court is not relying upon sound legal analysis to find that statute of limitations should not apply to one category of litigants that appear before Florida Courts.

Law360, Miami (September 17, 2015, 7:52 PM EDT) — Clearing up a conflict among the state’s district courts, the Florida Supreme Court. against it in February 2011. Then, in August 2012, Bank of.

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The Statute of Limitations for Foreclosure in Florida As is the case for many lawsuits, Florida law mandates a timeframe during which creditors can sue a debtor to foreclose on a property. These deadlines exist to protect borrowers from excessive delays in litigation.

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Florida Supreme Court Holds that Each Default Resets the Statute of Limitations for Filing a Foreclosure Complaint. Approximately a year later, Bartram filed a cross-claim against the bank. With its ruling, the court put to rest an issue that had divided lower courts in interpreting Florida foreclosure law and.

The Florida supreme court ruled that mortgage lenders can restart a suspended foreclosure at any time instead of within five years after a borrower defaults. The court ruled that the five-year.

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