Court allows lenders to restart foreclosures any time. The Florida Supreme Court ruled that the five-year statute of limitations resets monthly
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.
The 5th DCA recently held in Velden vs Nationstar Mortgage, 5D16-3628 (January 12, 2018) that amounts beyond the 5 year statute of limitations period in foreclosure were not collectible. The Florida Supreme Court in Bartram previously ruled that each mortgage payment missed was a new default upon which the bank could foreclose.
The Florida 5-year Statute of limitation rule is complex; however, Florida Supreme Court has finally articulated its position on this issue yesterday by releasing the long-awaited Bartram opinion confirming that the statute of limitations does not apply to foreclosures – but with a very a thin silver lining.
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Hi, this is Foreclosure and Real Estate Defense Attorney, Roy Oppenheim, From the Trenches. I want to talk a little bit about the five-year statute of limitations in Florida because it’s an issue that’s in flux. I have previously blogged about it, I have done videos about it, and it is continuing to be a moving target.
Florida Supreme Court: Statute Of Limitations Does Not Bar Filing of Second Mortgage Foreclosure Action. Thus, if a foreclosure action has been dismissed, the lender is not precluded by the statute of limitations from filing a new foreclosure action, as long as the missed monthly payment forming the basis of the action falls within the limitations period.
The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and other courts in addressing the application of the statute of limitations in the context of an action for foreclosure.
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