KEYWORDS Banking Foreclosures Mortgage Servicers. 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.
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The slightly conflicting law in each district is of great concern to lenders, until the Florida Supreme Court rules on Bartram. For background, the Bartram case is challenging the application of the statute of limitations to mortgage foreclosure cases. Specifically, there are three (3) local district appellate court decisions in contradiction.
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The new statute restrained Plaintiff from timely access to the Courts thereby violating Article 1, 21 of the Florida Constitution." The trial court denied the motion to dismiss, agreed with plaintiff’s contentions, and specifically found that Section 768.133, Florida Statutes (Chapter 75-9, 5, Laws of Florida) is unconstitutionally violative of Amendments 5 and 14 of the Constitution of the United States, Article 1, and Sections 2 and 9 of the Constitution of Florida in that it denies.
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Otherwise the lender faces the risk that a Florida court will find that the subsequent action is barred by the statute of limitations. Currently, the Florida Supreme Court is considering whether a subsequent foreclosure action can be barred by the statute of limitations when the initial action is dismissed with prejudice.
The Florida Supreme Court Delivers A Consumer Beat Down The Law can be complex.full of nuances and grey areas. Many in the space of foreclosure and consumer justice have been hoping that the Florida Supreme Court will come out with a written opinion that establishes that mortgages cannot be foreclosed outside a five year statute of limitations.
The Florida Supreme Court (FLSC) accepted certiorari earlier this year from its 5th District Court of Appeal and held oral argument last week to resolve a dispute on the statute of limitation.
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Important update on Florida foreclosure laws that homeowners need to know. When does the 5-year statute of limitations law actually kick in? How is it measured? Do you know the difference between an ‘intent to accelarate’ vs. a ‘notice to accelerate’? Do you know when the statute acually starts?