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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By petition for a writ of certiorari to the Second District Court of Appeal, we are asked to review a decision of that court construing the personal injury lawsuit threshold provision of Florida’s no-fault insurance statute. The district court held that an injured plaintiff who has claimed damages in excess of the threshold, been accorded a.
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In Florida, a five-year statute of limitations could prevent banks from being able to foreclose, even after the lengthy court process.
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But the 5th District Court of Appeal in Daytona Beach said Friday that the statute doesn’t work like that, and it has asked the Florida Supreme Court to weigh in on the matter, saying it is of "great public importance.".
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