Will Florida Supreme Court rule against statute-of-limitations on foreclosures?

Florida Supreme Court May Decide Fate of Liens Recorded After Foreclosure Judgments. lender filed to foreclose its mortgage, recorded a lis pendens against the property, The final decision relied on the language in Florida Statute Section. If the holder of any such unrecorded interest or lien does not.

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.

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Last Update: 03/16/16 Last Friday, the case of U.S. bank national association vs. Patricia J. Bartram, et al was decided by the Florida Fifth District Court of Appeals, and it’s potentially very bad news for all the Florida homeowners who were hoping to fight their Florida foreclosure with an argument about the bank missing its deadline to foreclose within a five (5) year time period.

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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Gentile filed his application a day after the SEC announced in a news release that the agency had launched two actions in Florida federal. to the five-year statute of limitations for civil.

What The Bartram Case Means To Foreclosure Defense and the 5-Year Statute of Limitations In 2009, WFEFI sued Jason in Florida and obtained two judgments against Jason. claims the Iowa Supreme Court, which will give creditors "certainty". Of course, it does nothing of the sort..

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.

It is double-down time at the Florida Supreme Court!. and if thereafter the lender’s foreclosure lawsuit is involuntarily dismissed pursuant to Rule 1.420(B), then the 5 year statute of limitations does not bar a second foreclosure suit so long as there is a “new” installment default occurring after the dismissal of the first lawsuit.