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In essence, one legal definition for SOL (Statute of Limitations) was replaced by a different definition (Shit Otta Luck) for borrowers! Many Florida foreclosure defense attorneys view this half filled glass of water as an empty glass rather than the full glass I see.
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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 complex legal question in Bartram that will have far reaching implications is: Will the acceleration of a mortgage, effected by the filing of a foreclosure suit, result five years later in a statute of limitations bar, such that another foreclosure suit based on a post-dismissal default is impossible?
Complicated Breakdown of New Florida Foreclosure Real Estate Law Every so often, a client facing a second, third or even fourth foreclosure lawsuit asks me a question: could the bank keep filing foreclosure actions against me even though the first lawsuit was filed more than five years ago? The Florida 5-year Statute of limitation rule is complex; however, Florida Supreme [.]
In my view, neither the moral imperative that borrowers pay their obligations, nor Singleton, has abrogated decades of Florida jurisprudence governing the statute of limitations in foreclosure cases. I would affirm that part of the trial court’s final judgment holding that the statute of limitations precludes Deutsche Bank’s foreclosure action.
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.
Bartram Decision Clarifies Statute of Limitations in Florida Mortgage Foreclosure Cases. Further, in its holding, the Florida Supreme Court specifically praised the "excellent amici briefs submitted by the Business Law Section of the Florida Bar . . . at the request of the Third District in Deutsche Bank Trust Co. Americas v. Beauvais, 188 So.