Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice

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Recounting the relevant facts, Wells Fargo initiated a foreclosure action. the three prior rulings against Wells Fargo. On appeal, the Court found that the trial judge abused its discretion; it.

The statute of limitations on a mortgage foreclosure action is governed by CPLR 213(4), which provides that the action must be commenced within six years.

"When a mortgage foreclosure action is involuntarily dismissed pursuant to Rule 1.420(b), either with or without prejudice, the effect of the involuntary dismissal is revocation of the acceleration, which then reinstates the mortgagor’s right to continue to make payments on the note and the right of the mortgagee, to seek acceleration and foreclosure based on the mortgagor’s subsequent defaults.

Defendant now moves for an order dismissing this current action with prejudice, on the grounds that it is barred by the six-year statute of limitations applicable to foreclosure actions. When a.

Therefore, we conclude that a foreclosure action for default in payments after the order of dismissal in the first foreclosure action is not barred by the statute of limitations . . . provided the subsequent foreclosure action on the subsequent defaults is brought within the limitations period. Bartram, 140 So. 3d at 1013-14. In its opinion.

The one exception: If the default is within five years and the prior dismissal was without prejudice. to a subsequent foreclosure action, based on a default, after a first foreclosure action is.

A summary of the mortgage stated that the borrower could reinstate at any time up to the final judgment. Therefore, dismissal. The five-year statute of limitations could not act as a bar to the.

Most practitioners are aware of the potential problems and limitations associated with the use of voluntary dismissal without prejudice. Less well known, perhaps, is the limitation on refiling an action after more than one involuntary dismissal without prejudice, particularly in the mortgage foreclosure context.

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Currently, the Florida Supreme Court is considering whether a subsequent foreclosure action can be barred by the statute of limitations when the initial action is dismissed with prejudice. See Bartram v. U.S. Bank Nat’l Ass’n., etc., et al., Consolidated Case Nos. SC14-1265, SC14-1266, and SC14-1305.

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