Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure

Julie Chroust, The Chroust Group at Bay Equity Home Loans Senior Loan Officer | NMLS #249458 Walnut Creek – 202141, 202151 Bay Equity Home Loans Mortgage Professional Reviews Perdido Key Townhome For Sale at Lost Key Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure I Voted for Rubio: Here’s the.

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Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes ¨ No þ Indicate by check mark if the registrant is not required to file.

In Bartram v. U.S. Bank, N.A., Fl. Sup. Ct. Case No. SC14-1265 (Fla. Nov. 3, 2016), the Court ruled that the statute of limitations does not bar a lender from filing a new foreclosure action after dismissal of a prior foreclosure action, as long as there was a default within the preceding five years.

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Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes þ No o Indicate by check mark if the registrant is not required to file.

Florida has a 5 year statute of limitations for contract disputes. Since a mortgage/note falls under this category that will be your answer. The key is to determine when those 5 years start running. The status of limitations applies as to the commencement of the case, if they started the process.

FL 3rd dca reversed foreclosure because bank flouted 5-yr Statute of limitations.. Elizabeth Spencer v EMC Mortgage Corporation, 3D11-136, fla 3rd. florida statute 95.11 Limitations other than for the recovery of real property.-Actions other than for recovery of real property.

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.

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