Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice

Until this case, many in Florida believed that if the bank failed to pursue its foreclosure action as required by the 5-year statute of limitations then the bank had a problem. If a foreclosure was dismissed, involuntarily, then the bank was barred (under a statute of limitations theory) from bringing a later foreclosure action.

2016.) “A lender may revoke its election to accelerate the mortgage, but it must do so by an affirmative act of revocation occurring during the six-year statute of limitations period subsequent to the.

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. or without.

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The Third District’s decision conflicts with the Fourth District’s decision in Evergrene Partners, which held, based on Singleton, that a subsequent foreclosure action was not barred by the statute of limitations following dismissal without prejudice of the first foreclosure action.

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Second District Court of Appeal Declines to Apply Statute of Limitations to Bar Subsequent Foreclosure Actions Premised on Original Default and “All Subsequent Payments”. Consistent with the Bartram decision, the Court’s opinion confirms that, following the dismissal of a prior foreclosure action, a mortgagee is not barred from filing a subsequent action premised on a “separate and distinct” date of.

Under Florida law, the involuntary dismissal without prejudice of an initial foreclosure action did not "decelerate" lender’s acceleration of the debt in the initial action and the statute of limitations continued to run, barring a second action brought after the expiration of the statute of limitations.

 · Introduction. Without reinstatement or modification following the lender’s acceleration of the debt, there were no new payments due and, therefore, no new default. Accordingly, the second action-filed more than five years after the lender accelerated the debt in the first action-was barred by the statute of limitations.

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The Statute Of Limitations Defense In Foreclosure Actions. The statute of limitations on a mortgage foreclosure action is governed by CPLR 213(4), which provides that the action must be.

The Third District’s decision conflicts with the Fourth District’s decision in Evergrene Partners, which held, based on Singleton, that a subsequent foreclosure action was not barred by the statute of limitations following dismissal without prejudice of the first foreclosure action.

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