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

Florida 5th DCA Throws Out Foreclosure Action For Violating Florida Statute Of Limitations Laws. Mortgage servicers failed to initiate litigation against a homeowner after sending them a notice of default. They had hoped they could receive a bigger post-foreclosure profit as property values began to rise in Florida.

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.

Reverse Mortgage Solutions, Inc., No. 3D17-1603 (Fla. 3d DCA Nov. 21, 2018), a case of first impression, the Florida Third District Court of Appeals considered whether the statute of limitations for enforcing reverse mortgage loans begins on the date the note matures or upon the death of the borrower.

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Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure. The Third DCA surprised many with its original ruling in Deutsche Bank Trust Company Americas v. Beauvais 3D14-575 when it split with the Fourth District Court of Appeal and held that if a prior foreclosure is dismissed without prejudice,

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The issue is of course before the Florida Supreme Court in its review of the Fifth District Court of Appeal’s Bartram decision, so the Third DCA’s most recent opinion will not be the final.

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

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