Statute of Limitations in Foreclosure-Part 1, Beauvais

A Different Starting Point for Deficiency Judgments. In Florida, the statute of limitations for deficiency judgments resulting from foreclosures on or after July 1, 2013, is one year. The time period does not begin to run until the day after the court clerk issues a certificate of title to the buyer in the foreclosure sale.

Statute of Limitation in Foreclosure, The Banks Claim They’re "Special" and Move for Rehearing (Deutsche Bank v. Beauvais)

Beauvais-Statute of Limitations in Foreclosure – Duration: 55:39. Matthew Weidner 1,325 views

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Statute of Limitations in Foreclosure-Part 1, Beauvais Beauvais recently decided the foreclosure statute of limitations in Florida issue in favor of the homeowner. Here’s the Beauvais timeline: February 2006 – $1.4 million note and accompanying mortgage are signed on the miami beach condominium now at issue; September 2006 – Beauvais (the homeowner) defaults on his payments

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.

The Florida Statute of Limitations has undergone significant judicial review and scrutiny in recent years. On April 13, 2016 the Third District Court of Appeals reversed itself on an en banc review in Deutsche Bank Trust Co. Ams. v. Beauvais, case number 3D-14-575, in a five to four split decision.

Introduction. Without reinstatement or modification following the lender’s acceleration of the debt, there were no new payments due and, therefore, no new default. Accordingly, the second action-filed more than five years after the lender accelerated the debt in the first action-was barred by the statute of limitations.

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