Statute of Limitations in Foreclosure-Part 1, Beauvais

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A Different Starting Point for Deficiency Judgments. 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.

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The First District Court of Appeal (1st DCA) recently held that the statute of limitations does not bar a second mortgage foreclosure action based on a subsequent default, regardless of whether the first case was dismissed with or without prejudice. The 1st DCA sided with the Bartram view upon on appeal currently to the florida supreme court, and rejected the 3rd DCA Beauvais opinion leaving.

Beauvais, __ So. 3d __ (Fla. 3rd DCA 2014), holding that an involuntary dismissal without prejudice of a mortgage foreclosure action "did not by itself negate, invalidate or otherwise decelerate the lender’s acceleration of the debt in the initial action." Without reinstatement or modification following the lender’s acceleration of the debt, there were no new payments due and, therefore, no new default.

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Statute of Limitations in Foreclosure-Part 1, Beauvais Beauvais, the court ruled that the statute of limitation starts when the mortgage is accelerated. Does It Apply In My Case? If the bank does not file a foreclosure lawsuit against you within the statute of limitations, then you are safe.

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The first statute, Section 37-1-3(A), exists under New Mexico’s Limitation of Actions. In other words, the Bartram court found that when a foreclosure action is. The expiration of the statute of limitations (SOL) on a servicer’s right to. the debt was accelerated long ago (often by a prior servicer as part of a previous foreclosure attempt).

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