The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and other courts in addressing the application of the statute of limitations in the context of an action for foreclosure.
The Court held that since the dismissal of the first foreclosure action was "without" prejudice, it was not an "adjudication on the merits." and that therefore the lender’s acceleration of the mortgage note remained in place and the statute of limitations continued to run and expired prior to the filing of this second foreclosure action.
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Beauvais addressed the issue of whether the statute of limitations could defeat a second mortgage foreclosure action after a lender had previously exercised its right to accelerate all payments due under a loan and filed a prior foreclosure action that had been involuntarily dismissed. In December 2014, Judges Shepherd, Emas and Scales ruled.
Attorneys for plaintiff: robert pollock, Esq., Parker, Ibrahim & Berg, LLC. Attorneys for defendants: jeffrey benjamin, Esq., Law Offices of Jeffrey Benjamin, P.C. The following numbered papers read.
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If your foreclosure case is dismissed with prejudice for a procedural or technical matter, it is likely that it can be refiled as long as the mortgage holder sues using a different default date. Example. Your mortgage holder files a foreclosure action based on your failure to make the payment due in February.
Equity and public policy favor reconsidering and receding from the standing at inception rule in the unique context of mortgage foreclosure. In the vast majority of foreclosure actions. denied his.
debt due under Mr. Grdic's mortgage loan, including payment. involuntarily dismissed without prejudice on August 9, 2012.. October 16, 2014, HSBC filed the instant foreclosure action against Mr.. that had accrued outside of the five- year statute of limitations. action based on separate defaults").
The mortgage. a prior foreclosure action without prejudice, the borrower sought to quiet title on the grounds that any recovery on the note was barred by the five-year statute of limitations. The.