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How Is The Statute of Limitations Being Applied In Miami Foreclosure Cases?

October 21, 2016 by  
Filed under Uncategorized

foreclosure-sale

 

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The Third District Court of Appeals for the State of Florida has recently entered a couple of opinions delineating how the statute of limitations should be applied in foreclosure cases.  In Collazo v HSBC, the Court ruled that a Final judgment of foreclosure should be reversed because the second foreclosure suit was filed more than five years after the first, which had been dismissed without prejudice, asserted the same payment default, and the same basis for acceleration rather than basing the second foreclosure suit on subsequent default occurring within the five-year statutory period preceding commencement of the second foreclosure action.

In Dhanasar v. JPMorgan, the Court ruled that the foreclosure action was not barred by the statute of limitations where the complaint alleged that defendant had failed to make an April 2008 payment and all subsequent payment and the foreclosure lawsuit  was filed within five years of that date.

The Court is applying a 5 year statute of limitations to bar claims being re alleged after acceleration once 5 years has passed.

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