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Determining the Statute of Limitations in Your State. Generally, the statute of limitations that’s relevant to home foreclosures is the one for written contracts. However, some states-like New Jersey-have a specific statute of limitations for foreclosure. Each state has its own statute of limitations, which ranges from three years to 15 years.
A Different Starting Point for Deficiency Judgments. In Florida, the statute of limitations for deficiency judgments resulting from foreclosures on or after July 1, 2013, is one year. The time period does not begin to run until the day after the court clerk issues a certificate of title to the buyer in the foreclosure sale.
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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.
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Beauvais 3D14-575 when it split with the fourth district court of Appeal and held that if a prior foreclosure is dismissed without prejudice, the statute of limitations continues to run from the date of the first foreclosure filing.
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Statute of Limitations in Foreclosure-Part 1, Beauvais Beauvais, the court ruled that the statute of limitation starts when the mortgage is accelerated. Does It Apply In My Case? If the bank does not file a foreclosure lawsuit against you within the statute of limitations, then you are safe.
Statute of Limitations in Foreclosure-Part 1, Beauvais In paragraph four of its complaint, AHMS alleged: "Defendant, Harry Beauvais, failed to pay the payment due on the Note on September 1, 2006, and Plaintiff elected to accelerate payment of the balance." (Emphasis added.) In its complaint, AHMS sought payment of the full, accelerated amount of the remaining principal due- $1,439,926.80.