Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice

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A statute of limitations sets the time limit for bringing a legal claim, like initiating a foreclosure action. If the case is filed after a certain date, it is not valid and can be dismissed. The time limit varies depending on the type of action or claim that is involved.

116 Quiet Title Action Can Save Your Home 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.

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Florida’s Third DCA Reverses Course on Statute of Limitations for mortgage foreclosure. toggle navigation.. 3D14-575 when it split with the Fourth District Court of Appeal and held that if a prior foreclosure is dismissed without prejudice, the statute of limitations continues to run.

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Accordingly, the only remaining question is whether the refiled mortgage foreclosure action is predicated on the same underlying defaults as the dismissed action was. If so, and the applicable five-year limitations period has run, then regardless of whether the dismissal was with or without prejudice, the complainant is at the end of its road.

The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and other courts in addressing the application of the statute of limitations in the context of an action for foreclosure.

Recent Ruling In Florida Allows Mortgage Lenders To reopen foreclosure cases. By.. If the default is within five years and the prior dismissal was without prejudice, a suit may be brought on the same default date.". And the ruling of the Florida Supreme Court was really limited to a.

Over five years after the filing of the initial action, the lender initiated a second foreclosure action. The borrower moved for summary judgment, arguing that the second action was barred by the five year statute of limitations period since the second action was filed more than five years after the lender’s acceleration of the debt.