Statute of Limitations Doesn’t Apply to Foreclosures – FL Supreme Court Creates Different Rules for Mortgages – South Florida Law Blog

Servicers still make payments to keep accounts active. In Florida, a five-year statute of limitations could prevent banks from being able to foreclose, even after the lengthy court process. As a result, some mortgage servicers, who make payments on behalf of the borrowers, help keep the accounts active. According to a report by Moody’s.

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Florida law already provided for a procedure designed to speed up the foreclosure process in uncontested cases or in cases where the homeowner does not have a legitimate defense. previously, after the foreclosure complaint had been filed, the mortgagee (the lender) could request an order to show cause why the foreclosure should not proceed.

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In Florida, the statute of limitations for deficiency judgments resulting from foreclosures on or after July 1, 2013, is one year. The time period does not begin to run until the day after the court clerk issues a certificate of title to the buyer in the foreclosure sale.

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More than five years after Florida courts were inundated with foreclosure cases, some of those sued have found a way to stay in their homes without paying their mortgages, thanks to a law called.

Florida Court Withdraws Beauvais and Issues Two New Statute of Limitations Decisions Blog. that has surrounded foreclosures of mortgages. Florida Supreme Court Rules Lenders Can Pursue.

The Florida Supreme Court appears comfortable that its holding in the Bartram majority opinion that the distinction between a dismissal with and without prejudice does not affect the application of the statute of limitations for mortgage foreclosure, and that any kind of involuntary dismissal will serve to unwind an election to accelerate announced in a foreclosure complaint.

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