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

Florida’s 3rd District Court of Appeal out of Miami recently expanded the rejection of statute of limitations in foreclosure cases in U.S. Bank National Assoc., Trustee v Morelli, et al., Case No. 3D17-286 (Fla. 3d DCA June 6, 2018) (dismissal reversed). In 2009 the lender filed a foreclosure alleging a default in payments "for the October 1, 2008 payment and all payments due thereafter."

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Florida’s 4th DCA Reverses Course – Community Associations Can pursue lien foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger 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 Time Limitation for Foreclosure in Florida. Mortgage holders have five years to bring a lawsuit for foreclosure in Florida. The time period begins to run from the date of default. Generally, it runs continuously but if you take action that prevents the mortgage holder from filing a foreclosure action, such as filing for bankruptcy,

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Reverse Mortgage Solutions filed an action for foreclosure on the grounds that Mr. Smith was the "sole borrower under the note and mortgage," and when he died the mortgage was accelerated. In September of 2013, the trial court entered judgment of foreclosure in favor of Reverse Mortgage Solutions.

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As a result, the trial court ruled that the statute of limitations was applicable and forbade a subsequent foreclosure, a decision which Florida’s Third DCA supported. The Third DCA held that unless an affirmative action was taken to decelerate the loan, the clock keeps running to protect the borrower from another foreclosure action.

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