Florida Home Loans News

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

On an issue previously written about here, the case of Deutsche Bank vs Beauvais, the 3rd DCA acted en banc on April 13, 2016 and reversed the Beauvais opinion which left the 3rd DCA as the only appellate court with a published opinion on the issue to find that a statute of limitation applied in foreclosure cases in Florida.

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The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. The decision resolves a long standing controversy regarding the effect (if any) of a prior unsuccessful foreclosure action with regards to Florida’s statute of limitations for mortgage foreclosure.

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As Rich Cantwell of Jubilee recently pointed out when he sent me this opinion, many foreclosure victims might have the right to escape foreclosure because the bank has played musical chairs with the note for so long that it has neglected to act within the 5-year statute of limitations on foreclosures. Florida Statute 95.11 Limitations other.

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In Bartram v. U.S. Bank, the Florida Supreme Court may carve out a special exception from the statute of limitations for mortgage lenders – making mortgages and murder the only exceptions to the.

Florida’s Statute of Limitations for Mortgage. Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure. split with the Fourth.

Third District Court Of Appeals Reverses Holding on Statute of Limitations for. Florida’s Third. without prejudice of a mortgage foreclosure.

JPM conference call comments on Foreclosure-Gate IR Hock Tan – CEO and President Thomas Krause – cfo conference call participants vivek arya – Bank of America Merrill Lynch Blayne Curtis – Barclays Harlan Sur – JPMorgan Ross Seymore – Deutsche Bank.