Florida Supreme Court Justice Lawson Hints at Special Statute of Limitations Considerations When Dealing with Long-Term Notes – Arias Bosinger

Last year, we wrote an article about the Florida Supreme Court ruling that each missed mortgage payment constituted a new default subject to a new five-year statute of limitations clock, meaning most lenders could proceed with foreclosure even after five years from the initial default.

Bartram, which held that the statute of limitations is activated by the acceleration documents. Acceleration documents are triggered by defaulting on the mortgage payment, so each month that the payment is missed is a new opportunity for the bank to file acceleration documents. Shortly thereafter, the Fourth District Court of Appeal in Evergrene v.

The Home Equity Theft Reporter: Foreclosure Environment “A Total Mess” As Loan Servicers Fail To Address Allegations Of Sloppiness, Fraud

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KEYWORDS Banking Foreclosures Mortgage Servicers. In Florida, a five-year statute of limitations could prevent banks from being able to foreclose, even after the lengthy court process. As a result, some mortgage servicers, who make payments on behalf of the borrowers, help keep the accounts active.

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Homeowner’s need to stand their ground and understand their rights. The application of Florida’s 5 year statute of Limitations relating to a bank’s ability to foreclose a home (once 5 year’s has lapsed since the bank accelerated the loan)is in flux and a moving target. The Florida Supreme Court will now likely get involved and have the final say as [.]

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