Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice
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The statute imposes liability upon a municipality for ministerial. the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice.
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If your foreclosure case is dismissed with prejudice for a procedural or technical matter, it is likely that it can be refiled as long as the mortgage holder sues using a different default date. Example. Your mortgage holder files a foreclosure action based on your failure to make the payment due in February.
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Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice "[T]he statute of limitations on the balance under the note and mortgage would not continue to run after an involuntary dismissal, and thus the mortgagee would not be barred by the statute of limitations from filing a successive.
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The court ultimately held that where a mortgagee’s prior foreclosure action was dismissed with prejudice, its subsequent foreclosure case is not barred by the statute of limitations so long as (1) the newly alleged default date post-dates the dismissal of the first action and (2) the subsequent lawsuit is filed within five years of the newly alleged default date.
Unless you have cured any of the defaults by making the payment due for that period, the mortgage holder can generally bring a foreclosure action based on any of the default dates. The only requirement is that the foreclosure suit must be filed within five years from the date the mortgage holder is using as the default date.
On Dec. 17, 2014, Florida’s Third District Court of Appeal (Third District) issued its opinion in Deutsche Bank Trust Company Americas v. 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.