Florida Home Loans News

Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice

The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and other courts in addressing the application of the statute of limitations in the context of an action for foreclosure.

The Third District’s decision conflicts with the Fourth District’s decision in Evergrene Partners, which held, based on Singleton, that a subsequent foreclosure action was not barred by the statute of limitations following dismissal without prejudice of the first foreclosure action.

The Third District’s decision conflicts with the Fourth District’s decision in Evergrene Partners, which held, based on Singleton, that a subsequent foreclosure action was not barred by the statute of limitations following dismissal without prejudice of the first foreclosure action.

The lawletter vol 42 No 4. Andrea Stokes, Senior Attorney, Florida Legal Research Group. Whether there exists a limitation on refiling an action after more than one involuntary dismissal without prejudice, particularly in the mortgage foreclosure context, has been a source of some confusion.

Florida Supreme Court: Statute Of Limitations Does Not Bar Filing Of Second mortgage foreclosure action. which held that, when a foreclosure action has been dismissed with prejudice, the plaintiff is not barred by. the Florida Supreme Court concurred that if each subsequent default.

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In September 2011, the lender voluntarily dismissed without prejudice, and, in 2013, the borrower filed his action to quiet title, alleging that the five-year statute of limitations barred enforcement of the note or mortgage. 31 The trial court rejected the borrower’s assertion, holding that the lender could file a second foreclosure action.

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After the dismissal without prejudice, the parties returned to the status quo that existed prior to the filing of the dismissed complaint. As a matter of law, appellant’s 2012 foreclosure action, based on breaches that occurred after the breach that triggered the first complaint, was not barred by the statute of limitations.

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The Statute Of Limitations Defense In Foreclosure Actions. The statute of limitations on a mortgage foreclosure action is governed by CPLR 213(4), which provides that the action must be.

The statute of limitations. dismissal of the first action "’as abandoned pursuant to CPLR 3215(c), without costs or prejudice."’ Less than four months later, on Nov. 25, 2013, Wells Fargo, the.

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