Statute of Limitations Doesn’t Apply to Foreclosures – FL Supreme Court Creates Different Rules for Mortgages – South Florida Law Blog

BLOG VIEW: One of the recurring homeowner inquiries addressed over my 20 years as a Florida real estate attorney and distressed housing industry specialist is an Internet rumor that delinquent homeowners can win their homes loan-free if a lender fails to file a foreclosure action within five years from the first defaulted mortgage payment.

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The Florida Supreme court ruled definitively Thursday that a foreclosure defendant cannot compel a court to reinstate a voluntarily dismissed case for the purpose of attempting to prove a fraud on.

The statute of limitations in the context of a foreclosure would begin from the acceleration of the note. If the current law suit is dismissed, the 5-year statute of limitations could kick in from the date of the notice. However, there are some cases coming out of the appellate courts that subsequent notices of acceleration can be issued.

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The type of debt you have will effect what statute of limitation applies to your situation. Open accounts are such as debts as credit cards. Installment type loans, like car loans, are called "written contracts." According to Florida state law, the statute of limitations on written contracts as well as mortgage foreclosure is 5 years.

Mortgage Industry Awaits Florida Supreme Court Bartram Decision on Foreclosure Statute of Limitations By: Benjamin Weinberg March 30, 2016. Currently pending before the Florida Supreme Court, in U.S. Bank National Association v.Bartram, is a question critical to the residential mortgage industry, certified by Florida’s Fifth District Court of Appeal as a "matter of great public importance."

Hi, this is Foreclosure and real estate defense Attorney, Roy Oppenheim, From the Trenches. I want to talk a little bit about the five-year statute of limitations in Florida because it’s an issue that’s in flux. I have previously blogged about it, I have done videos about it, and it is continuing to be a moving target.

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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 actions.

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