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

Statutes of limitations are generally straightforward. In personal injury, fraud and oral contract cases, the right to sue expires after four years. In professional malpractice, it’s two years. In written contracts, including rent collections and mortgages, the statute of limitations is five years.

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Is the Florida statute of limitations issue a thing of the past?. Five years represents the statute of limitation for foreclosure actions in Florida.. Beauvais and Bartram applied in reverse.

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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.

Ms. Spencer is correct that the second foreclosure case should have met the same fate as the first-dismissal for failure to prosecute. B. Statute of Limitations Ms. [**8] Spencer is also correct that enforcement of the note and mortgage was likely barred by the five-year statute of limitations, section 95.11(2)(c), Florida Statutes (2002).

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The Florida Third District Court of Appeal (DCA), sitting en banc, reversed itself this week and held that the five-year statute of limitations did not bar a second foreclosure suit filed on a subsequent payment default so long as the subsequent default occurred less than five years before the commencement of the second action.

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.

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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