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Statute of Limitations Doesn’t Apply to Foreclosures – FL Supreme Court Creates Different Rules for Mortgages – South Florida Law Blog

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Florida Supreme Court Issues Landmark ruling on Statute of Limitations for foreclosure: bartram affirmed. While a dismissal without prejudice would allow a mortgagee to bring another foreclosure action premised on the same default as long as the action was brought within five years of the default per section 95.11 (2) (c),

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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BLOG VIEW: One of the recurring homeowner inquiries addressed over my 20 years as a Florida real estate attorney and distressed housing industry specialist is an Internet rumor that delinquent homeowners can win their homes loan-free if a lender fails to file a foreclosure action within five years from the first defaulted mortgage payment.

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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 as the new action is brought within five years of the new default.

The rationale for this rule is that the courts do not want the. Our Supreme Court has delineated twelve factors. as per United States law, to apply under the.

No, said the Florida Supreme Court. Looking at its earlier case Singleton v. Greymar Associates, 882 So. 2d 1004 (Fla. 2004), the Supreme Court ruled the limitations deadline doesn’t block the second foreclosure. That’s because the statute of limitations deadline starts to run on the date of the subsequent default.