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Statute of Limitations in Foreclosure-Part 1, Beauvais

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.

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Mortgage Industry Awaits Florida Supreme Court Bartram Decision on Foreclosure Statute of Limitations. The sole appellate outlier on this issue is Deutsche Bank Trust Co. Americas v. Beauvais, an Opinion from the Third District Court of Appeal. The Third District, in Beauvais, held that the action to accelerate and foreclose at issue in that case was barred by the statute of limitations, because a prioraction was filed more than five years earlier.

[1] The year. 5-year statute of limitations, codified at Fla. Stat. § 95.11(2)(c). The argument gained further traction when the Third District Court of Appeal issued its original decision in.

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Beauvais 3D14-575 when it split with the Fourth District Court of Appeal and held that if a prior foreclosure is dismissed without prejudice, the statute of limitations continues to run from the date of the first foreclosure filing.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on.

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In California, the four year statute of limitations only applies to judicial foreclosures, and not to non-judicial foreclosures. Judicial foreclosures are rare in California. If you are dealing with a foreclosure or facing a possible foreclosure, an experienced foreclosure attorney may be able to help.

The expiration of the statute of limitations (SOL) on a servicer’s right to foreclose. may prove crucial to avoiding the bar to foreclosure.[1] This article discusses the applicable SOL period in.