1. A mortgagee is "not precluded by the statute of limitations from filing a subsequent foreclosure action based on payment defaults occurring subsequent to the dismissal of the first foreclosure action, as long as the alleged subsequent default occurred within five years of the subsequent foreclosure action." 2.
The Florida Supreme Court ruled that lenders can refile foreclosure cases against owners still in default, even if the cases started more than five years ago, outside Florida’s statute of limitations.
The Deutsche Bank v. Beauvais foreclosure case, which originally determined that there IS a Statute of Limitations to be applied in a foreclosure case. Here is the en banc argument of the 3rd DCA.
The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. The decision resolves a long standing controversy regarding the effect (if any) of a prior unsuccessful foreclosure action with regards to Florida’s statute of limitations for mortgage foreclosure.
Deutsche Bank v. Beauvais or US Bank v. Bartram. One of the hottest topics in all of foreclosure right now is whether the traditional 5 year statute of limitations period applies in foreclosure cases.
I. The Opinion. On April 25, 2014, the Fifth District Court of Appeals issued an important opinion in U.S. Bank Nat’l Ass’n v.Bartram, No. 5D12-3823, 2014 WL 1632138 (Fla. 3d DCA Apr. 25, 2014), holding that "a default occurring after a failed foreclosure attempt creates a new cause of action for statute of limitations purposes, even where acceleration had been triggered and the first.
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Ina second lawsuit, Bartram claimed the bank’s right to enforce was barred by the statute of limitations stated in Florida Statutes, 95.11 (2) (c), which imposes a five-year limit on any lawsuit to foreclose a mortgage. The bank argued that the dismissal of the prior case effectively reset the clock for the bank to file a new lawsuit.
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Florida Supreme Court Holds that Statute of Limitations does not Bar Successive Mortgage Foreclosure Actions consumer finance litigation november 2016 (No. 9) Action Item: If a prior foreclosure action has been dismissed with prejudice, mortgagees may bring new actions to foreclose on mortgages based upon post-dismissal payment default, so long.