Will Florida Supreme Court rule against statute-of-limitations on foreclosures?

The Bank appealed this ruling to the Fifth District Court of Appeal, which reversed the trial court’s ruling, and certified the question answered by the Florida Supreme Court in Bartram regarding the application of Florida’s five-year mortgage foreclosure statute of limitations.

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December 18, 2010 / Foreclosure Defense Florida / Tags: 5th DCA Fraud on The Court, DISMISSING CASES FOR FRAUD ON THE COURT.IT IS HAPPENING, florida foreclosure, foreclosure attorney, foreclosure cases florida, foreclosure crisis, foreclosure fraud, foreclosure fraud fighters, foreclosure hamlet, foreclosure process, fraud in court cases fl, fraud is being committed in our courtrooms,

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The Florida Supreme Court recently ruled in Bartram v. U.S. Bank, that when a foreclosure action is dismissed, the state’s five-year statute of limitations is reset. Now, mortgage lenders may bring subsequent foreclosure actions against borrowers for an additional five years after the suit has been dismissed if the borrower ceases payments.

along with the Florida Supreme Court, requiring evidence to enforce a foreclosure. Right they are. Without the evidence, there is nothing to stop me (or you) from filing a foreclosure action against.

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While there is no guarantee that the Florida Supreme Court would not answer the certified question to prevent a subsequent foreclosure action based on the statute of limitations expiring, a contrary holding would cut against the sound principle that each new default creates a new and independent right in the lender, stemming from the unique and.

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Well, one of the circuit courts now, appellate courts here in Florida has said that that five-year rule may not be exactly right and that it should be five years from the time you made the last payment, but we’re not sure, and so we think the Florida Supreme Court should get involved because this is a major issue of public policy, of concern to,

But as congested and messy as the state’s current process is, a forthcoming Florida Supreme Court ruling could alter rules surrounding the life of a foreclosure suit, further prolonging a bank’s authority to seek payments on a past foreclosure, even after the existing five year statute of limitations has passed.

Burwell isn’t the only Supreme Court case this term. than people in bankruptcy. “The rule merely sets the default,” Bob Lawless said, “but then what happens in the real world, debtors and creditors.