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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.
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Rich Fidei notes report on Florida Supreme Court Hearing Oral Arguments in Case Challenging Public Adjuster Law – Read the Insurance legal blogs that have been posted by Attorneys on Lawyers.com
Important update on Florida foreclosure laws that homeowners need to know. When does the 5-year statute of limitations law actually kick in? How is it measured? Do you know the difference between an ‘intent to accelarate’ vs. a ‘notice to accelerate’? Do you know when the statute acually starts?
Grice, 438 So. 2d 392, 395 (fla. 1983) (ehrlich, J., specially concurring) (transferring an action circumvents the operation of the statute of limitations and promotes the ends of justice). Had an action been filed in county court, we would have permitted the transfer of the action to circuit court.
Too Late to Foreclose? re: Florida Mortgage Foreclosure Statute of Limitations. Since the lender took no affirmative steps to reinstate the loan following the dismissal, the second foreclosure action filed more than five years after the original default and acceleration was untimely and thus barred by the statute of limitations.