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The statute of limitations clock for a mortgage foreclosure usually starts when the default occurred. (The "default" is, for example, when you stopped making mortgage payments.) It is usually calculated from the date of the last payment or from the due date of the first missed mortgage payment.
The New York Times recently published an article regarding Florida’s 5-year statutory limit, titled, Foreclosure to Home Free, as 5-Year Clock Expires.
New York courts are also considering the statute of limitations. "It’s becoming a more common way to get out from under these cases," Linda Tirelli, a lawyer in White Plains who represents home owners facing foreclosure, told The New york times. source: "Foreclosure to Home Free, as 5-Year Clock Expires," The New York Times (March 29.
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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.
a contract starts the clock for statute of limitation purposes or that.. expires (as triggered by the loan acceleration), then the lender will be.. $164,390.91 plus interest at the rate of 7.35 percent per year from December 1, 2003.. 291 See, e.g., Michael Corkery, Foreclosure to Home Free, as 5-Year Clock.
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The clock for the statute of limitations in a foreclosure usually starts when the default occurs-that is, when the borrower stops making mortgage payments. So, the statute of limitations is generallly calculated from the date of the last payment or from the due date of the first missed payment.