On the other hand, if the statute of limitations runs out after the lender starts the process, then the statute of limitations will not work as a defense to the foreclosure. Even when a foreclosure takes years to complete (which is common in some states ), if the time period under the statute of limitations covering foreclosures runs out while the foreclosure is in process, the foreclosure can still proceed.
Florida supreme court issues landmark ruling on Statute of Limitations for Foreclosure: Bartram Affirmed.. material for purposes’ of the statute of limitations analysis. See Bartram, 140 So.
In December, the florida supreme court issued its long-awaited decision in Bartram v. U.S. Bank National Association, No. SC14-1265 (Fla. Nov. 3, 2016), resolving a critical outstanding question regarding the applicability of Florida’s five-year statute of limitations for breach of contract claims to second or successive mortgage foreclosure.
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Deutsche Bank v. Beauvais or US Bank v. Bartram. One of the hottest topics in all of foreclosure right now is whether the traditional 5 year statute of limitations period applies in foreclosure cases.
Bartram’s argument was essentially that Florida’s five-year statute of limitations ran from the filing of the Bank’s prior foreclosure action and had expired, thereby barring the Bank from bringing another foreclosure action.
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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.
Ina second lawsuit, Bartram claimed the bank’s right to enforce was barred by the statute of limitations stated in Florida Statutes, 95.11 (2) (c), which imposes a five-year limit on any lawsuit to foreclose a mortgage. The bank argued that the dismissal of the prior case effectively reset the clock for the bank to file a new lawsuit.