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

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

The Court of Appeals upheld the lower court’s dismissal of the second foreclosure action as barred by the statute of limitations, but reversed the portion of the order which canceled the mortgage note and cancelled the mortgage lien, and reversed the quieting of title in favor of the property owner.

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. was barred by the statute of limitations but. A dismissal of a foreclosure action without. Prior commentators reviewed that a mortgage.

The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. 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 foreclosure.

In addition, the Court held that the plaintiff borrower failed to state a cause of action because res judicata did not apply to the dismissal of the foreclosure action, the debt was not barred by the statute of limitations, and any alleged expiration of the statute of limitations would not change the balance due on the mortgage loan.

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Currently, the Florida Supreme Court is considering whether a subsequent foreclosure action can be barred by the statute of limitations when the initial action is dismissed with prejudice.

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Make 50,000 A Month with Foreclosure Clean Out The statute of limitations. dismissal of the first action "’as abandoned pursuant to CPLR 3215(c), without costs or prejudice."’ Less than four months later, on Nov. 25, 2013, Wells Fargo, the.

. prior involuntary dismissal of the foreclosure. Mortgage based on Bartram’s defaults prior to. or without prejudice is immaterial for statute of.

The one exception: If the default is within five years and the prior dismissal was without prejudice. to a subsequent foreclosure action, based on a default, after a first foreclosure action is.

Defendant Anna Fiorita filed the instant motion for an order dismissing this 2016 action with prejudice, on the grounds that the action is barred by the six-year statute of limitations applicable to.

Two recent cases, from separate Florida District Courts of Appeal, raise the specter of yet another unfortunate outcome for lenders: dismissal of their entire action on statute of limitations.

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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.

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