A trial court may not rely on a legal opinion offered by a party’s expert witness. Florida’s Third District recently reversed dismissal of a mortgage foreclosure action based on this rule in Citibank, N.A., v. Martin and Jitka Olsak, 3rd DCA Case No. 3D15-1032 (Nov. 30, 2016).
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The landmark case on the Florida statute of limitations was affirmed by the Florida Supreme Court in Bartram v. U.S. Bank National Association, SC14-1265 (Fla. Nov. 3, 2016). That decision, upholding the Fifth District Court of Appeal, was unanimous in result and is a significant victory for the mortgage lending industry – potentially leading.
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Action Item: Florida’s Third District Court of Appeal finds that Florida’s statute of limitations for foreclosure actions does not bar a second foreclosure action filed on a subsequent payment default occurring within the five-year statutory period preceding the commencement of the second action.
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Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure. The Third DCA surprised many with its original ruling in deutsche bank trust Company Americas v. Beauvais 3D14-575 when it split with the Fourth District Court of.
In December, the Florida Supreme Court issued its long-awaited decision in Bartram v. U.S. Bank National Association, No. SC14-1265 (Fla. Nov. 3, 2016), resolving a critical outstanding question regarding the applicability of Florida’s five-year statute of limitations for breach of contract claims to second or successive mortgage foreclosure.
Home > Mortgage Rules > Florida Second District Court of Appeal holds that Florida 20 year-not 5 year-statute of repose applies to foreclosure action where maturity date of loan agreement obligation secured by mortgage at issue not ascertainable from the public record.
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The Term Loan is collateralized by the existing collateral securing the Credit Facility, including, without limitation, certain real property owned by Maple. The Term Loan did not increase the $50,000.