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

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. YES [ ] NO [X] Indicate by check mark if the registrant is not required to file.

Modern notes and mortgages are most often installment contracts, whereby a new payment is due each month until the note and mortgage reach a maturity date. 4 As such, the statute of limitations for an action on a written contract or foreclosure on a mortgage applies to enforcement of the note and mortgage. Florida law provides a five-year statute of limitations for both. 5 The five-year limitations period for foreclosure begins when the foreclosure claim accrues against the borrower. 6

Florida’s Third District Court of Appeal Reverses Earlier Decision in Beauvais and Holds That Statute of Limitations Does Not Bar a Subsequent Foreclosure Action Based on a Later Default. The decision in Beauvais should provide some reassurance to lenders that a dismissal of a first foreclosure action, regardless of whether dismissed with or without prejudice, does not bar a subsequent foreclosure action based on a later default.

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. HW Insiders 2018 Recognizing the unsung heroes of the mortgage finance industry..

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes No Indicate by check mark if the registrant is not required to file.

Yet Another florida court rejects unpopular decision on Statute of Limitations for Mortgage Foreclosure, But This Time it’s Another DCA. Third DCA Reverses Course on Statute of Limitations.

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The Time Limitation for Foreclosure in Florida. Mortgage holders have five years to bring a lawsuit for foreclosure in Florida. The time period begins to run from the date of default. Generally, it runs continuously but if you take action that prevents the mortgage holder from filing a foreclosure action, such as filing for bankruptcy,

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