Statute of Limitations Update in Florida Foreclosure Actions: Fifth District Court of Appeals Holds that Each Default Creates a New Case of Action. and canceled the note and mortgage. Id. The Fifth DCA reversed the trial court, concluding that, even though five years had passed since the Bank.
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Florida’s Third District Court of Appeal Reverses The Order of Involuntary Dismissal and Directs That a Final Judgment of Foreclosure be Entered in The Trustee’s Favor. On February 7, 2018, Florida’s Third District Court of Appeal (the "Court"), in a 18-page Opinion, reversed the Order in its entirety and further directed the trial.
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Knightsbridge village homeowners association, Inc., 2016 WL 320601 (Fla. 4th DCA Jan. 27, 2016) wherein Florida’s Fourth District Court of Appeal held the filing of a notice of lis pendens by a first mortgage holder constitutes a bar to a community association’s foreclosure action that is based upon a claim of lien filed after the mortgagee’s notice of lis pendens. Upon a rehearing of the arguments, the Fourth District Court of Appeal set aside its previous ruling.
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Previously as discussed here, Florida’s 4th DCA held that the lis pendens expired at final judgment of foreclosure. This meant that any liens filed between the final judgment of foreclosure and the foreclosure auction/sale date were not extinguished by the foreclosure sale and remained on the property.
Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite pending mortgage foreclosure – Arias Bosinger . The Cooksey team achieves 35 percent Increase in Profitability in 2018 Despite Overall Mortgage Market Decline | Florida Newswire; ProSe wins.
The Foreclosure Tide May Be Turning – In Florida Appellate Courts, At Least. Citibank, N.A ., No. 3D11-275, released on Wednesday, May 4, 2011. The 3rd DCA not only reversed an order that had cancelled a foreclosure sale at the bank’s request, but called out the bank’s counsel for making "misleading" statements to the trial court,
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