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· Five-Year Statute of Limitations Law still has a Few Lifelines Left in South Florida Foreclosures; Notwithstanding Bank-Friendly Opinion. The Third District Court of Appeal’s recent decision in Beauvais would suggest that the five-year statute of limitation does not apply to mortgage foreclosure actions. However, not all courts would agree.
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On appeal, the Florida Supreme Court affirmed the Fifth District.. by the statute of limitations from filing a successive foreclosure action. rest an issue that had divided lower courts in interpreting florida foreclosure law and brought much needed certainty for various stakeholders in the mortgage industry.
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· Equity Favors Lenders Who Foreclose in Good Faith. The Florida Supreme Court does not appear ever to have applied the standing at inception rule in the foreclosure context. However, the cases to have deeply analyzed the rule, find support for it in Marianna, and in Voges v. Ward, 123 So. 785 (Fla.
The slightly conflicting law in each district is of great concern to lenders, until the Florida Supreme Court rules on Bartram. For background, the Bartram case is challenging the application of the statute of limitations to mortgage foreclosure cases. Specifically, there are three (3) local district appellate court decisions in contradiction.
· The strongest argument that the Florida Supreme Court would apply the standing at inception rule in a foreclosure action is that, in Marianna, the court relied on two authorities for the rule, one of which was a treatise that cited a foreclosure action among the authorities it cited for the rule: Hovey v. Sebring, 24 Mich. 232 (1872).
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The Florida Supreme Court ruled definitively Thursday that a foreclosure defendant cannot compel a court to reinstate a voluntarily dismissed case for the purpose of attempting to prove a fraud on.