The statute of limitations in the context of a foreclosure would begin from the acceleration of the note. If the current law suit is dismissed, the 5-year statute of limitations could kick in from the date of the notice. However, there are some cases coming out of the appellate courts that subsequent notices of acceleration can be issued.
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NO Statute of Limitations in Florida Foreclosures."in keeping with the practices of Florida mortgage industry" The dissent in Beauvais is pretty scathing. The dissent essentially adopts my argument and recognizes that the court is not relying upon sound legal analysis to find that statute of limitations should not apply to one category of litigants that appear before Florida Courts.
Hi, this is Foreclosure and Real Estate Defense Attorney, Roy Oppenheim, From the Trenches. I want to talk a little bit about the five-year statute of limitations in Florida because it’s an issue that’s in flux. I have previously blogged about it, I have done videos about it, and it is continuing to be a moving target.
Last Update: 03/16/16. Last Friday, the case of U.S. Bank National Association vs. Patricia J. Bartram, et al was decided by the Florida Fifth District Court of Appeals, and it’s potentially very bad news for all the Florida homeowners who were hoping to fight their Florida foreclosure with an argument about the bank missing its deadline to foreclose within a five (5) year time period.
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In an opinion by Justice Pariente, the florida supreme court approved the Fifth District’s decision, relying heavily on Singleton and its progeny. 1 The Court held that "with each subsequent default, the statute of limitations runs from the date of each new default providing the mortgagee the right, but not the obligation, to accelerate all.