No Statute of Limitations in Foreclosure Cases
3rd DCA Rules in Deutsche Bank National Trust Company v. Beauvais that there is no acceleration of Note until final judgment is entered and therefore no statute of limitations in foreclosure accrues
Let me preface this post with my bias up front. I disagree with this decision which basically finds that there is no statute of limitations in foreclosure cases throughout Florida. My name appears on the opinion as an Amici with my colleagues at the Florida Alliance for Consumer Protection. I think the 3rd DCA got it wrong – and the split is evident by the 6-4 nature of the vote. That being said, this case is the law of the land in the 3rd DCA, so it must be followed.
Esstentially, the 3rd DCA joined its sister courts in following Singleton – a case that basically holds that where different defaults are alleged a separate cause of action and acceleration can occur on the Note. This is a long opinion, and it is evident that the judges on each side put a lot of thought into the basis for this decision. Their decision is based on a premise, which the third dca expounded upon pretty significantly, that finds that acceleration is not actually done (the full amount on a note is not due)until a final judgment is rendered in the foreclosure case. This is despite the fact that acceleration has been alleged in the complaint.
The dissent is really scathing of this premise, and it is the view that I am hopeful that the Florida Supreme Court adopts when it issues its opinion on Bartram in the next year or so. Now, more than ever, the statute of limitations must be carefully alleged in a foreclosure case – and I fear that things will only get worse going forward. If you think this defense applies to you – seek an experienced attorney and consult with them
Bryant H. Dunivan Jr., Esq.
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Attorney Bryant Dunivan is a foreclosure, real estate, and consumer protection attorney who focuses his efforts on making his clients feel like people and not just a file. Just Served? I offer a free consultation. Contact me today.
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