Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure

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.

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Florida Supreme Court Issues Landmark ruling on Statute of Limitations for Foreclosure: Bartram Affirmed. The facts of the Bartram case are not dissimilar from those of numerous other cases in Florida. In 2006, Bartram’s lender sought to foreclose a mortgage against Bartram and purported to accelerate the loan.

On June 7, 2013, Florida Governor Rick Scott signed into law House Bill 87, now known as Chapter 2013-137, 1 which provides for substantial changes in mortgage foreclosures filed in Florida. Although foreclosure defense attorneys are of the opinion that the bill "favors banks," 2 the bill contains "pro-borrower" provisions, as it shortens the time period to seek a deficiency judgment, and.

Complicated Breakdown of New Florida Foreclosure Real Estate Law Every so often, a client facing a second, third or even fourth foreclosure lawsuit asks me a question: could the bank keep filing foreclosure actions against me even though the first lawsuit was filed more than five years ago? The Florida 5-year Statute of limitation rule is complex; however, Florida Supreme [.]

Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure Florida’s Third District Court of Appeal retreated from one of its most unpopular opinions this morning. The Third DCA surprised many with its original ruling in Deutsche Bank Trust Company Americas v.

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The landmark case on the Florida statute of limitations was affirmed by the Florida Supreme Court in Bartram v. U.S. Bank National Association, SC14-1265 (Fla. Nov. 3, 2016). That decision, upholding the Fifth District Court of Appeal, was unanimous in result and is a significant victory for the mortgage lending industry – potentially leading.

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According to Florida state law, the statute of limitations on written contracts as well as mortgage foreclosure is 5 years. This means that the creditor has that amount of time to initiate legal proceedings before they are stopped by law from attempting to collect on the debt any further.