Part. (3) lack of affiant’s personal knowledge (in the complaint and the affidavits) of the debt and the defaults, evidenced by “robo-signing” and “robo-verifying”; (4) predatory lending; (5).
Florida Supreme Court Refuses to Reconsider Landmark 2016 Ruling on Statute of Limitations for Mortgage Foreclosure On March 16, 2017, the Florida supreme court denied motions for rehearing and/or clarification filed by petitioners Lewis Brook Bartram, the Plantation at Ponte Vedra, and Gideon M.G. Gratsiani.
Invoking the Statute of Limitations as a Defense First and foremost, it is always advisable to consult with a foreclosure defense attorney before raising a defense to a foreclosure lawsuit. An attorney should only advise a debtor to elicit a statute of limitations defense if it can be proven that a default has not occurred in the past five years and the foreclosure process has not yet commenced.
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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.
Bartram essentially took the position that statute of limitations begins to run from the date of acceleration and expires five years from that date unless the mortgagee takes some act to decelerate the loan. And the mere voluntary dismissal of a foreclosure action does not, by itself, decelerate the loan.
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In Bartram v. U.S. Bank, N.A., Fl. Sup. Ct. Case No. SC14-1265 (Fla. Nov. 3, 2016), the Court ruled that the statute of limitations does not bar a lender from filing a new foreclosure action after dismissal of a prior foreclosure action, as long as there was a default within the preceding five years.
Edison International argued the complaints weren’t filed within a six-year deadline following the fiduciary lapse, but the court disagreed, saying "the six-year statute of limitations doesn. extra.
Law360, Philadelphia (September 5, 2012, 8:02 PM EDT) — New claims brought as part of amended complaints that would otherwise be stale under the statute of limitations must. ruled in booting a.