3 Types of Foreclosure Defenses In Florida | About Florida Law

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Acceleration occurs upon the filing of the foreclosure Complaint Florida’s statute of limitations requires that acceleration occur within five years of the date of default Currently, the law in Florida permits a lender to accelerate on any date of default within 5 years, even if prior attempts to accelerate were unsuccessful (U.S. Bank v.

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But for the others, I ask: Why don’t more law firms take on these types of cases? Shouldn’t foreclosure defense lawyers be able to fight HOA lien actions the same way they fight the bank? Of course that question presumes the two types of lawsuits are the same, or similar enough. They are not.

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In Florida, foreclosure defenses (for residential foreclosures) can be categorized into three different arguments. Those arguments focus upon either (1) the validity of the mortgage; (2) whether or not there has been a "default" under the law; and (3) if the lender had a legal right to accelerate the debt under the circumstances of the case.

On October 4, 2016, the Eleventh Circuit Court of Appeals ruled that chapter 7 debtors who file a statement of intention to surrender real property in bankruptcy cannot later contest a foreclosure..

Florida Foreclosure Laws and Procedures.. Under Florida law, the court clerk must promptly file a certificate of sale after the foreclosure sale takes place.. If you need more information about how foreclosures work in Florida, or want to learn whether you have any potential defenses to a.

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