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/ 1st DCA sides with Bartram and against Beauvais on Foreclosure Statute Of Limitations The First District Court of Appeal (1st DCA) recently held that the statute of limitations does not bar a second mortgage foreclosure action based on a subsequent default, regardless of whether the first case was dismissed with or without prejudice.
Yet Another Florida Court Rejects Unpopular Decision on Statute of Limitations for Mortgage Foreclosure, But This Time it’s Another DCA
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Thus, in this topsy-turvy world of foreclosure, the Third District Court of Appeals is trying to grapple with the issue of statute of limitations and foreclosure. After granting rehearing in Deutsche Bank Trust Company Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA [.]
By Bob Hurt, 18 September 2015. Florida’s 1 st District Appellate Court gave Germaine and Andrea Brown a rude awakening by telling them the Florida foreclosure 5-year statute of limitations does not apply a 30-year stream of mortgage payments even after the creditor accelerates the loan, making the entire balance immediately due and payable.
In an opinion by Justice Pariente, the Florida Supreme Court approved the Fifth District’s decision, relying heavily on Singleton and its progeny. 1 The Court held that "with each subsequent default, the statute of limitations runs from the date of each new default providing the mortgagee the right, but not the obligation, to accelerate all sums then due under the note and mortgage."
what are the statue of limitations on foreclosure? On behalf of Law Office of Sam J. Saad III posted in Foreclosure on Monday, July 28, 2014. Under Florida Law, the five-year statute of limitations on foreclosure begins to run when the last payment is due unless the mortgage or promissory note contains an optional acceleration clause.