The Florida supreme court (flsc) accepted certiorari earlier this year from its 5th district court of Appeal and held oral argument last week to resolve a dispute on the statute of limitation.
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Ruling Could Eliminate Statute of Limitations for Foreclosures. by James McClister February 19, 2015. A case moving through Florida’s Supreme Court could give banks a new weapon when filing foreclosure suits.
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Recently, the Florida Supreme Court concluded that the Legislature intended to subject arbitration proceedings to the statute of limitations. An arbitration proceeding is an "action" broadly defined in 95.011 to encompass any "civil action or proceeding," including arbitration proceedings.
Last year, we wrote an article about the Florida Supreme Court ruling that each missed mortgage payment constituted a new default subject to a new five-year statute of limitations clock, meaning most lenders could proceed with foreclosure even after five years from the initial default.
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JUSTICE THOMAS delivered the opinion of the Court. Congress established a 1-year statute of limitations for seeking federal habeas corpus relief from a state-court judgment, 28 U. S. C. 2244(d), and further provided that the limitations period is tolled while an "application for State post-conviction or other collateral review" "is pend-
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The slightly conflicting law in each district is of great concern to lenders, until the Florida Supreme Court rules on Bartram. For background, the Bartram case is challenging the application of the statute of limitations to mortgage foreclosure cases. Specifically, there are three (3) local district appellate court decisions in contradiction.