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Tag: foreclosure statute of limitations

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  • /Posts Tagged ' foreclosure statute of limitations '

Florida Statute of Limitations Does Not Prevent Foreclosing Lender From Collecting Amounts Beyond 5 Years Past Due

Earlier this month the Florida 5th DCA released an opinion, Grant v. Citizens Bank, N.A., slip op., Case No. 5D17-726 (Fla. 5th DCA Dec. 26, 2018), holding that the 5 year statute of limitations to bring an action to enforce a note and ...

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  • 01-10-2019
  • Foreclosure , Real Estate
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  • 5 years , boca raton foreclosure defense , defend foreclosure , florida foreclosure statute , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , fort lauderdale foreclosure defense , is there a statute of limitations on foreclosure , mortgage foreclosure , palm beach foreclosure defense , pre-foreclosure , statute of limitations

Florida Foreclosure Statute of Limitations Further Eroded

Florida appellate courts have continued to make case law eroding the Florida foreclosure statute of limitations allowing banks to proceed to judgment on previously dismissed cases refiled years after the foreclosure crisis. U.S. Bank ...

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  • 08-03-2018
  • Foreclosure , Real Estate
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  • all subsequent paymnts , bartram , default , default date , florida foreclosure statute , foreclosure , foreclosure defense , foreclosure judgment , foreclosure procedures , foreclosure statute of limitations

Florida 3rd DCA Rejects Statute of Limitations Dismissal Per “All Subsequent Payments”

Florida’s 3rd District Court of Appeal out of Miami recently expanded the rejection of statute of limitations in foreclosure cases in U.S. Bank National Assoc., Trustee v Morelli, et al., Case No. 3D17-286 (Fla. 3d DCA June 6, ...

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  • 07-11-2018
  • Foreclosure , Real Estate
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  • default , default date , defense , delray beach foreclosure defense , florida foreclosure statute , florida statutes , foreclosure , foreclosure defense , foreclosure judgment , foreclosure procedures , foreclosure statute of limitations , fort lauderdale foreclosure defense , Mortgage , mortgage foreclosure , palm beach foreclosure defense , repeat foreclosures

Florida 5th District Court of Appeal Clarifies Foreclosure Statute of Limitations for Amounts Owed

The 5th DCA recently held in Velden vs Nationstar Mortgage, 5D16-3628 (January 12, 2018) that amounts beyond the 5 year statute of limitations period in foreclosure were not collectible. The Florida Supreme Court in Bartram previously ...

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  • 01-26-2018
  • Foreclosure , Real Estate
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  • boca raton foreclosure defense , defend foreclosure , delray beach foreclosure defense , florida foreclosure statute , florida statute of limitations on mortgage debt , foreclosure , foreclosure defense , foreclosure judgment , foreclosure statute of limitations , fort lauderdale foreclosure defense , mortgage foreclosure , palm beach foreclosure defense

Case Law Update on “2 Dismissal Rule” and Statute of Limitations.

There is a rule of Civil Procedure that exists which bars successive lawsuits after 2 tries, often referred to as the “two dismissal rule” under Rule 1.420.  The 1st DCA recently held that this rule does not apply to ...

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  • 07-27-2017
  • Foreclosure , Real Estate
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  • default , default date , delray beach foreclosure defense , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , fort lauderdale foreclosure defense , Mortgage , mortgage foreclosure , palm beach foreclosure defense

5th and 2nd DCAs Clarify Hicks Opinion as Well as Pleading Requirements to Meet Statute of Limitations

The 5th DCA recently issued Klebanoff v. Bank of N.Y. Mellon, and the 2nd DCA Huntington National Bank v. Watters, which clarify the pleadings requirements for lenders filing subsequent foreclosure actions. Previously, the Court ruled ...

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  • 07-03-2017
  • Foreclosure , Real Estate
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  • default , default date , florida foreclosure statute , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , Mortgage , mortgage foreclosure

FL Supreme Court Refuses Rehearing on Bartram, Now FINAL!

On March 16, 2017, the FL Supreme Court denied all pending motions for rehearing made by the borrowers and other groups who filed briefs on behalf of homeowners in the landmark Bartram case, thus making the opinion issued in November ...

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  • 03-18-2017
  • Foreclosure , Real Estate
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  • default , default date , defense , Florida Supreme Court , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , mortgage foreclosure , repeat foreclosures

2nd DCA Refuses to Bar New Foreclosure under Statute of Limitations Utilizing Original Default and “All Subsequent Payments”

After the Bartram opinion allowing banks to re-file older foreclosure cases that were thought to be barred by the statute of limitations, the Florida Supreme Court left quite a few holes open. One such hole left was when the banks ...

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  • 02-28-2017
  • Foreclosure , Real Estate
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  • 5 years , bartram , default , default date , foreclosure , foreclosure defense , foreclosure statute of limitations , Mortgage , mortgage foreclosure

Bartram vs. US Bank UPHELD By Florida Supreme Court- Banks Can Foreclose “Forever” On Old Dismissed Cases

Yesterday November 3, 2016, the Florida Supreme Court finally issued its opinion in US Bank vs. Bartram concerning the statute of limitations of foreclosure cases in Florida.  Full opinion here.  As previously discussed here, the ...

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  • 11-04-2016
  • Foreclosure
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  • bartram , cure , default , default date , defense , Florida , florida statutes , Florida Supreme Court , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , Mortgage , mortgage foreclosure , repeat foreclosures

The Lies Your Foreclosure Defense Lawyer May Be Telling You/Advertising

Recently viewing some blogs and websites of other lawyers I find a common trend.  Many lawyers bash the general lawyer pool stating that “only they fight for real justice and don’t just delay cases.” Well, they ...

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  • 12-02-2015
  • Foreclosure
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  • foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , mortgage foreclosure , pre-foreclosure , repeat foreclosures
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