Sunday, February 8, 2015

Florida App Ct (3rd DCA) Holds New Foreclosure Action Time-Barred, But Mortgage Lien Not Extinguished

The Third District Court of Appeal, State of Florida, affirmed a trial court’s ruling that a foreclosure complaint was time barred because the statute of limitations started to run when the loan was accelerated in connection with a prior foreclosure that was involuntarily dismissed without prejudice. 


However, the Court reversed the trial court’s determination that a mortgage lien becomes null and void once the statute of limitations expires.