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

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Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure This article previously appeared on The Consumer Finance Litigation Blog and is republished here with permission. Florida’s Third District Court of Appeal retreated from one of its most unpopular opinions this morning.

The Statute of Limitations for Foreclosure in Florida As is the case for many lawsuits, Florida law mandates a timeframe during which creditors can sue a debtor to foreclose on a property. These deadlines exist to protect borrowers from excessive delays in litigation.

In December, the Florida Supreme Court issued its long-awaited decision in Bartram v. U.S. Bank National Association, No. SC14-1265 (Fla. Nov. 3, 2016), resolving a critical outstanding question regarding the applicability of Florida’s five-year statute of limitations for breach of contract claims to second or successive mortgage foreclosure.

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On April 13, 2016, Florida’s Third District Court of Appeal issued two significant statute of limitations decisions concerning mortgage foreclosure proceedings.

The plaintiff son and administrator of his mother’s estate seeks the discharge of a mortgage executed by the. or filed a foreclosure complaint. Although the statute of limitations to institute a.

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 courts are still sorting out how to interpret Florida Statute 95.11(2)(c) and relevant case law, which states that a party seeking foreclosure of a mortgage must bring the suit within five (5) years of the alleged default date.. The bad news is that the Third DCA, possibly doubting its.

Reverse Mortgage Solutions, Inc., No. 3D17-1603 (Fla. 3d DCA Nov. 21, 2018), a case of first impression, the Florida Third District Court of Appeals considered whether the statute of limitations for enforcing reverse mortgage loans begins on the date the note matures or upon the death of the borrower.

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