Hi, this is Foreclosure and Real Estate Defense Attorney, Roy Oppenheim, From the Trenches. I want to talk a little bit about the five-year statute of limitations in Florida because it’s an issue that’s in flux. I have previously blogged about it, I have done videos about it, and it is continuing to be a moving target.
BLOG VIEW: One of the recurring homeowner inquiries addressed over my 20 years as a Florida real estate attorney and distressed housing industry specialist is an Internet rumor that delinquent homeowners can win their homes loan-free if a lender fails to file a foreclosure action within five years from the first defaulted mortgage payment.
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The 5th DCA recently held in Velden vs Nationstar Mortgage, 5d16-3628 (january 12, 2018) that amounts beyond the 5 year statute of limitations period in foreclosure were not collectible. The Florida Supreme Court in Bartram previously ruled that each mortgage payment missed was a new default upon which the bank could foreclose.
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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.
Florida Supreme Court Holds that Statute of Limitations does not Bar Successive Mortgage Foreclosure Actions Consumer Finance Litigation November 2016 (No. 9) Action Item: If a prior foreclosure action has been dismissed with prejudice, mortgagees may bring new actions to foreclose on mortgages based upon post-dismissal payment default, so long as the new action is brought within five years of the new default.
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· leaves to the government a blank check to add words to the statute despite the fact that the Supreme Court has recently condemned the insertion of words into a statute as, not faithful to the statutory text. See United States v. Whitley, 529 F.3d 150, 157 n.5 (2d cir. 2008) (quoting united states v. Rodriquez, 553 U.S. 377, 128 S.Ct. 1788, 1789.
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 actions.