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

The State of New York’s Appellate Division for the Second Department has now addressed the issue of whether a lender’s voluntary discontinuance of a judicial foreclosure action. the acceleration of.

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In E vergrene, the court held that a dismissed foreclosure action can be refiled to seek all future installments and all amounts no more than 5 years past due by moving the breach date ahead one month. Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure. split with the fourth district court of Appeal and held.

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From Res Judicata to Statutes of Limitations-the Fifth DCA Extends the Singleton Rationale: In Singleton, the Florida Supreme Court held that "a dismissal with prejudice in a mortgage foreclosure action does not necessarily bar," on the grounds of res judicata, "a subsequent foreclosure action on the same mortgage."

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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.

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Home > Mortgage Rules > Florida Second District Court of Appeal holds that Florida 20 year-not 5 year-statute of repose applies to foreclosure action where maturity date of loan agreement obligation secured by mortgage at issue not ascertainable from the public record. Florida Second District Court of Appeal holds that Florida 20 year-not 5 year-statute of repose applies to foreclosure.

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