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

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 · In a landmark ruling, the Third District Court of Appeal in Florida, after a rehearing en banc, reversed its previous opinion in deutsche bank trust Co. Americas v. Beauvais, 40 Fla. L. Weekly D1,(Fla. 3rd DCA Dec. 17, 2014), and held that successive foreclosure suits, regardless of whether or not the lender sought to accelerate late payments on the promissory note in the first suit, are not.

The Florida Third District Court of Appeal (DCA), sitting en banc, reversed itself this week and held that the five-year statute of limitations did not bar a second foreclosure suit filed on a subsequent payment default so long as the subsequent default occurred less than five years before the commencement of the second action.

In Bartram v. U.S. Bank, the Florida Supreme Court may carve out a special exception from the statute of limitations for mortgage lenders – making mortgages and murder the only exceptions to the.

Is the Florida statute of limitations issue a thing of the past?. Five years represents the statute of limitation for foreclosure actions in Florida.. Beauvais and Bartram applied in reverse.

 · In a recent 4-3 decision, the Florida Supreme Court concluded that a borrower was entitled to her appellate attorneys’ fees because she was the prevailing party in a judicial foreclosure action in which her mortgagee had voluntarily dropped the appeal.Marie Anne Glass’ mortgage loan servicer filed a complaint for judicial foreclosure in December 2013.

In this legal-malpractice action in which defendant-third-party plaintiff Cangialosi, an attorney, failed to secure an executed release lifting the mortgage lien on a. the claim is not barred by.

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