Currently, the Florida Supreme Court is considering whether a subsequent foreclosure action can be barred by the statute of limitations when the initial action is dismissed with prejudice.
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Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice. Friday, January 9, 2015.
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"When a mortgage foreclosure action is involuntarily dismissed pursuant to Rule 1.420(b), either with or without prejudice, the effect of the involuntary dismissal is revocation of the acceleration, which then reinstates the mortgagor’s right to continue to make payments on the note and the right of the mortgagee, to seek acceleration and foreclosure based on the mortgagor’s subsequent defaults.
The issue of whether subsequent foreclosure actions can be barred by the statute of limitations when an initial action is dismissed with or without prejudice remains unsettled in Florida.
The Court explained that a lender is not precluded by the statute of limitations from filing a subsequent foreclosure action after the involuntary dismissal (with or without prejudice) of the first foreclosure action if the alleged subsequent default occurred within five years of the subsequent foreclosure action.
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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.
The opinion states, "the mortgagee, also referred to as the lender, was not precluded by the statute of limitations from filing a subsequent foreclosure action based on payment defaults occurring subsequent to the dismissal of the first foreclosure action, as long as the alleged subsequent default occurred within five years of the subsequent foreclosure action" [emphasis added].
Action Item: If a prior foreclosure action has been dismissed with prejudice, mortgagees may bring new actions to foreclose on mortgages based upon post- dismissal. that the statute of limitations to foreclose a mortgage is five years.. an involuntary dismissal, and thus the mortgagee would not be barred.
Will Florida Supreme Court rule against statute-of-limitations on foreclosures? Florida’s Third DCA Reverses Course on Statute of Limitations for mortgage foreclosure.. florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure. "We reverse because we, like our sister courts, find the Florida Supreme Court’s decision in Singleton v.Florida ranks high among states in lowering unemployment- Will Florida gov. rick scott win re-election next November just by spending tens of millions of dollars reminding Floridians that the state unemployment rate was sky high when he. They are also.