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Statute of Limitations in Foreclosure-Part 1, Beauvais

 · Florida Rule of Civil Procedure 1.420, addressing involuntary dismissals, provides that [u]nless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, operates as an adjudication on the merits.

Measure from: 1. Accrual date – when lawsuit could first have been brought (e.g. time of breach, date of injury) 2. Date claim was Interposed – the index number is obtained from the county clerk and the plaintiff files process (summons and complaint or summons with notice) with the county clerk.

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Accordingly, both Bartram and Beauvais II hold that a subsequent foreclosure action is not barred so long as the second action is brought on a subsequent default within the five-year statute of limitations period found in section 95.11(2)(c), Florida Statutes. A review of the record in this case

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NO Statute of Limitations in Florida Foreclosures."in keeping with the practices of Florida mortgage industry" The dissent in Beauvais is pretty scathing. The dissent essentially adopts my argument and recognizes that the court is not relying upon sound legal analysis to find that statute of limitations should not apply to one category of litigants that appear before Florida Courts.

Beauvais, the court ruled that the statute of limitation starts when the mortgage is accelerated. Does It Apply In My Case? If the bank does not file a foreclosure lawsuit against you within the statute of limitations, then you are safe. However, if the lawsuit starts before the end of a statute of limitations, then it does not matter how long the lawsuit lasts. For example. the statute of limitations in your state is five years.

Blog Mortgage Banking Blog. Finally, putting aside the legal arguments, the ultimate decision might be one based not on law but on equity. To paraphrase FLSC Justice Polston, "if the statute of limitations cuts off the mortgagee’s subsequent foreclosure action,

In Florida, the statute of limitations for deficiency judgments resulting from foreclosures on or after July 1, 2013, is one year. The time period does not begin to run until the day after the court clerk issues a certificate of title to the buyer in the foreclosure sale.

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