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

 · This has been problematic for the Lender and Lender’s counsel (great for the homeowner) when the case is more than five (5) years old. In Florida, the statute of limitations on mortgage foreclosures is five years from the stated date of maturity or on the date the acceleration clause is invoked, whichever is earlier.

The Florida Third District Court of Appeal (DCA), sitting en banc, reversed itself this week and held that the five-year statute of limitations did not bar a second foreclosure suit filed on a subsequent payment default so long as the subsequent default occurred less than five years before the commencement of the second action.

The District Court of Appeal of the State of Florida, Fourth District, recently reversed the dismissal of a mortgage foreclosure action based on res judicata and the statute of limitations, holding that the Florida Supreme Court’s recent ruling in Bartram v. U.S. Bank National Association.

In Bartram v. U.S. Bank, the Florida Supreme Court may carve out a special exception from the statute of limitations for mortgage lenders – making mortgages and murder the only exceptions to the.

In Bartram v. U.S. Bank, N.A., Fl. Sup. Ct. Case No. sc14-1265 (fla. Nov. 3, 2016), the Court ruled that the statute of limitations does not bar a lender from filing a new foreclosure action after dismissal of a prior foreclosure action, as long as there was a default within the preceding five years.

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