It has become extremely difficult in the last year to determine whether a mortgage foreclosure case is barred by the statute of limitations. On December 17, 2014, the Third District Court of Appeal issued an extremely detailed and its most definitive opinion on the issue. The opinion can be found here: http://www.3dca.flcourts.org/Opinions/3D14-0575.pdf
In Deutsche Bank Trust Company Americas v. Beauvais, the Third District ruled that the foreclosing bank filed its Complaint too late because it was filed more than five years after it accelerated all amounts due under the Note and Mortgage.
While the Opinion did leave a few open issues, it is solely in the borrower’s favor and is consistent with the position that I have maintained in several cases where I invalidated Notes based on the statute of limitations and with the opinion in my April 2014 commentary in the Daily Business Review. Notably, however, it conflicts several other Florida rulings from other courts, including the Fourth District Court of Appeals and numerous federal court judges.
It is refreshing to see the Judges of the Third District take the position that the statute of limitations should be enforced in these cases and that the foreclosing bank does not get numerous “do-overs” until it gets the job done. I invite you to review my commentary on the issue here.
