Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure

Reverse mortgage lenders received a significant victory in Florida’s Third District Court of Appeal last week when the court issued its decision in OneWest Bank, FSB v. Palmero. After previously ruling in Smith v. Reverse Mortgage Solutions, Inc. and Edwards v.

Reverse Mortgage Solutions filed an action for foreclosure on the grounds that Mr. Smith was the "sole borrower under the note and mortgage," and when he died the mortgage was accelerated. In September of 2013, the trial court entered judgment of foreclosure in favor of Reverse Mortgage Solutions.

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The courts are still sorting out how to interpret Florida Statute 95.11(2)(c) and relevant case law, which states that a party seeking foreclosure of a mortgage must bring the suit within five (5) years of the alleged default date.. The bad news is that the Third DCA, possibly doubting its.

Reverse Mortgage Solutions, Inc., No. 3D17-1603 (Fla. 3d dca nov. 21, 2018), a case of first impression, the Florida Third District Court of Appeals considered whether the statute of limitations for enforcing reverse mortgage loans begins on the date the note matures or upon the death of the borrower.

Third DCA Changes Stance on Foreclosure Statute The Florida Third District Court of Appeals recently reversed a previous ruling which held that the five-year statute of limitations on foreclosure runs from the date of the first foreclosure filing, regardless of whether a prior foreclosure was dismissed without prejudice.

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In Bartram v. U.S. Bank, N.A., Fl. Sup. Ct. Case No. SC14-1265 (Fla. Nov. 3, 2016), the Court ruled that the statute of limitations does not bar a lender from filing a new foreclosure action after dismissal of a prior foreclosure action, as long as there was a default within the preceding five years.

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Court reluctantly reverses foreclosure because plaintiff ignored florida 5-year statute of limitations. http://www.3dca.flcourts.org/Opinions/3D11-0136.pdf "As someone – probably either St. Thomas More or George Costanza – must have said, the law is the law.

The Court went on to cite with approval multiple decisions of Florida’s First, Third, and fourth district courts of Appeal and the federal courts for the Southern and Middle District of Florida, applying the reasoning in Singleton “to determine that the five-year statute of limitations did not bar a subsequent foreclosure action when the.

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