Florida courts continue steadily to grapple with different issues pertaining to the statute of limitations for installment loans and whether a formerly dismissed action that is foreclosure suit on subsequent defaults. Once we have previously talked about, in U.S. Bank nationwide Association v. Bartram, Florida’s Fifth District Court of Appeal decided that the dismissal of a previous property foreclosure action really nullified the original acceleration regarding the loan, in a way that subsequent installments had then become due in addition to statute of restrictions period went from each missed installment. Bartram certified the after concern to the Florida Supreme Court:
Does acceleration of re re payments due under a note and home loan in a foreclosure action which was dismissed pursuant to rule 1.420(b), Florida Rules of Civil Procedure, trigger application regarding the statute of restrictions to stop a subsequent foreclosure action by the mortgagee according to all re re payment defaults occurring subsequent to dismissal of this foreclosure suit that is first?
Oral arguments had been held on November 4, 2015. For the time being, but, the District Courts of Appeal continue steadily to grapple by using these dilemmas.
In Deutsche Bank Trust Co. Americas v. متابعة قراءة “Courts continue steadily to examine statute of limitations for installment loans:”