Will Florida Supreme Court rule against statute-of-limitations on foreclosures?

While there is no guarantee that the Florida Supreme Court would not answer the certified question to prevent a subsequent foreclosure action based on the statute of limitations expiring, a contrary holding would cut against the sound principle that each new default creates a new and independent right in the lender, stemming from the unique and continuing obligation to make payments in a lender-borrower relationship.

Requests to the Florida Supreme Court for official public records should be made in writing pursuant to Rule of Judicial Administration 2.420 to publicinformation@flcourts.org. rule 2.420 is the judicial counterpart to Florida’s public records statutes, Chapter 119.

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Last Update: 03/16/16. Last Friday, the case of U.S. Bank National Association vs. Patricia J. Bartram, et al was decided by the Florida Fifth District Court of Appeals, and it’s potentially very bad news for all the Florida homeowners who were hoping to fight their Florida foreclosure with an argument about the bank missing its deadline to foreclose within a five (5) year time period.

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.

Foreclosure and Fraud Upon The Court- Original Note Not Filed 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.

Five-Year Statute of Limitations Law still has a Few Lifelines Left in South Florida Foreclosures; Notwithstanding Bank-Friendly Opinion The Third District Court of Appeal’s recent decision in Beauvais would suggest that the five-year statute of limitation does not apply to mortgage foreclosure actions.

Requests to the Florida Supreme Court for official public records should be made in writing pursuant to Rule of Judicial Administration 2.420 to publicinformation@flcourts.org. Rule 2.420 is the judicial counterpart to Florida’s public records statutes, Chapter 119.

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