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.
Two recent cases, from separate Florida District Courts of Appeal, raise the specter of yet another unfortunate outcome for lenders: dismissal of their entire action on statute of limitations.
The one exception: If the default is within five years and the prior dismissal was without prejudice. to a subsequent foreclosure action, based on a default, after a first foreclosure action is.
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The Court based. not just the mortgage to reach its decision. As a result, the Court held that the bank could not proceed with the foreclosure by advertisement. Under the Court’s ruling, mortgagees.
Bartram Affirmed: Florida Supreme Court Provides Guidance For Filing a Successive Foreclosure Action Post Dismissal. November 3, 2016. the court accepted jurisdiction of a statute of limitations case where a prior foreclosure was voluntarily dismissed by the mortgagee.
"The statute of limitations in a mortgage foreclosure action begins to run from the due date for each unpaid installment, or from the time the mortgagee is entitled to demand full payment, or from the date the mortgage debt has been accelerated (Plaia v Safonte, 45 AD3d 747, 748  [emphasis added]).
Plaintiff filed this action under the Fair Debt Collection Practices Act against defendant-debt collector and also asserted a claim for invasion of privacy against the debt collector based on her.
The statute of limitations on a mortgage foreclosure action is governed by CPLR 213(4), which provides that the action must be commenced within six years.
Second District Court of Appeal Declines to Apply Statute of Limitations to Bar Subsequent Foreclosure Actions Premised on Original Default and "All Subsequent Payments". following the dismissal of a prior foreclosure action, 2008 default date would be barred under the five-year.
The Court of Appeals upheld the lower court’s dismissal of the second foreclosure action as barred by the statute of limitations, but reversed the portion of the order which canceled the mortgage note and cancelled the mortgage lien, and reversed the quieting of title in favor of the property owner.