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

According to Florida state law, the statute of limitations on written contracts as well as mortgage foreclosure is 5 years. This means that the creditor has that amount of time to initiate legal proceedings before they are stopped by law from attempting to collect on the debt any further.

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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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The issue is of course before the Florida Supreme Court in its review of the Fifth District Court of Appeal’s Bartram decision, so the Third DCA’s most recent opinion will not be the final.

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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.

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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.