The Third District Court of Appeal issued a remarkable opinion concerning the statute of limitations in mortgage foreclosure actions. The court had previously determined in its 2014 Deutsche Bank v. Beauvais opinion that the statute barred Deutsche Bank from filing a foreclosure action five years after the borrower’s default and the lender’s acceleration demanding full payment of the loan.
In a 6-4 decision April 12, the en banc court reversed itself and essentially held that the statute of limitations can never bar a bank’s effort to foreclose on a Florida homeowner until five years after maturity of the loan. The court’s ruling will ensure that the foreclosure crisis facing our court system will continue for years to come until the banks finally get it right, no matter how many times they do it wrong.
The Third District’s en banc decision based its holding on the 2004 Florida Supreme Court opinion in Singleton v. Greymar. In Singleton, the trial court dismissed a lender’s foreclosure action on an accelerated debt with prejudice after the bank failed to appear at a hearing. What is unclear from the Singleton record is why the lender failed to appear. It should have been noted that there was an agreement to reinstate under which the borrower made payments prior to the dismissal.
Read the case here w/ opinion: http://stopforeclosurefraud.com/2016/04/13/deutsche-bank-trust-company-americas-etc-v-beauvais-et-al-motion-on-rehearing-i-would-affirm-that-part-of-the-trial-courts-final-judgment-holding-that-the-statute-of-limitations-pr/
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