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Statute of Limitations Doesn’t Apply to Foreclosures – FL Supreme Court Creates Different Rules for Mortgages – South Florida Law Blog

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The 2018 florida statutes: Title VIII LIMITATIONS:. The time shall be extended only as provided in this law and shall not be. operation of law, or any other method. (5) This section does not apply to mortgages or deeds of trust executed by any railroad or other public utility.

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Florida Statute Of Limitations for Foreclosure In Florida, are there any cases which use the "Date of Default" for the time when the clock starts ticking on the Statute of Limitations to foreclose? The Bank has sent me documents which list the Date of Default for my loan as June 1, 2009, however they didn’t file the Lis Pendens until Dec 4 2009.

Servicers still make payments to keep accounts active. In Florida, a five-year statute of limitations could prevent banks from being able to foreclose, even after the lengthy court process. As a result, some mortgage servicers, who make payments on behalf of the borrowers, help keep the accounts active. According to a report by Moody’s.

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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.

NO Statute of Limitations in Florida Foreclosures."in keeping with the practices of Florida mortgage industry" The dissent in Beauvais is pretty scathing. The dissent essentially adopts my argument and recognizes that the court is not relying upon sound legal analysis to find that statute of limitations should not apply to one category of litigants that appear before Florida Courts.

The statute of limitations in the context of a foreclosure would begin from the acceleration of the note. If the current law suit is dismissed, the 5-year statute of limitations could kick in from the date of the notice. However, there are some cases coming out of the appellate courts that subsequent notices of acceleration can be issued.

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