Foreclosure Statute of Limitations - Is it a myth? May 17 2016
Florida Statute 95.11(2)c limits the SOL on residential mortgage foreclosure to 5 years. This has been the law in Florida since 1974. On April 13, 2016, the Third DCA reversed itself in an en banc decision in Beauvais vs Deutsche Bank, 3D14-00575, (3DCA 2016). While it reversed itself, it gave a new interpretation of what the statute of limitations means in South Florida and opened a new manner to defeat the bank in current foreclosure cases. The bank needs to allege a new default date that is within the five years of the filing in order to defeat a SOL defense. If the bank files the same default date or that default date is more than five years from filing, then according to Beauvais and Collazo vs HSBC Bank 3D14-2208, (3DCA 2016), you win. Collazo was released the same day as Beauvais en banc.
If you have not made a payment for your home in over five years, call 305-274-9033 and speak to attorney Paul John Scanziani. At best, you may not need to pay for your mortgage. At worst, you get an experienced SOL attorney to evaluate your case and show you what options you have.
Scanziani Law Group, LLC 305-274-9033 / firstname.lastname@example.org