Statute of Limitations in Foreclosure Cases

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On March 13, 2019, in a case of first impression, New York's. to CPLR 3211(a)( 5) alleging that the statute of limitations to foreclose had expired.. Once a mortgage is accelerated, the statute of limitations begins to run.

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A statute of limitations is a state law that sets a strict time limit on a plaintiff’s right to file a case in civil court. When a plaintiff misses the cutoff date, the defendant can use the statute of limitations as a defense against any civil lawsuit that’s filed. If the defendant establishes that the statute of limitations applies and has indeed "run," the court will normally dismiss.

Failing to take these steps within the statute of limitations period will result in you losing your ability to litigate the case. The rules and procedure in this area are complex, and the consequences for failing to follow them are harsh-you’ll lose the right to pursue your action.

[7] In the instant case, it does not appear that the delay in filing the foreclosure complaint was attributed to either of these factors. However, the large number of recent foreclosure dismissals.

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Ct. Case No. sc14-1265 (fla. nov. 3, 2016), the Court ruled that the statute of limitations does not bar a lender from filing a new foreclosure.


Criminal statutes of limitations forbid prosecution for offenses that occurred prior to a specified time period. These laws can be varied and complex. Some states have several tiers of felonies and a different time set for each particular offense. Other states have no criminal statutes of limitations at all.

#LegalBUZZ EPISODE 9: Florida's Supreme Court statute of limitations in foreclosure cases A state may have a specific statute of limitations for a foreclosure action, or it may be controlled by the statute of limitations for written contracts, since a mortgage is a type of contract. The statute of limitations lasts between three and six years in most states, although a few states have a longer time period.

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The statute of limitations clock for a mortgage foreclosure usually starts when the default occurred. (The "default" is, for example, when you stopped making mortgage payments.) It is usually calculated from the date of the last payment or from the due date of the first missed mortgage payment.