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If the relevant time period for a foreclosure statute of limitations has run out, then this is an affirmative defense to foreclosure. The statute of limitations defense must be asserted by the homeowners to defeat the lender’s claim. If the homeowners do not assert the statute of limitations defense, then this defense is deemed waived.
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Florida Supreme Court Refuses to Reconsider Landmark 2016 Ruling on Statute of Limitations for Mortgage Foreclosure On March 16, 2017, the florida supreme court denied motions for rehearing and/or clarification filed by petitioners Lewis Brook Bartram, the Plantation at Ponte Vedra, and Gideon M.G. Gratsiani.
A year after the original dismissal, as part of a cross-claim in another foreclosure proceeding, Mr. Bartram sought a declaratory judgment to cancel the mortgage and quiet title to the property. 10 Mr. Bartram asserted that the applicable five-year statute of limitations, set forth in F.S. 95.11(2)(c), barred the lender from bringing another.
Florida Supreme Court Issues Landmark Ruling on Statute of Limitations for Foreclosure: Bartram Affirmed. While a dismissal without prejudice would allow a mortgagee to bring another foreclosure action premised on the same default as long as the action was brought within five years of the default per section 95.11 (2) (c),
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The Florida Supreme Court ruled in Bartram v. U.S. Bank National Association, Case No. sc14-1265 (fla. november 3, 2016), that Florida’s Statute of Limitations does not bar foreclosure for missed monthly installment mortgage payments notwithstanding that the mortgage had.
Determining the Statute of Limitations in Your State. Generally, the statute of limitations that’s relevant to home foreclosures is the one for written contracts. However, some states-like New Jersey-have a specific statute of limitations for foreclosure. Each state has its own statute of limitations, which ranges from three years to 15 years.
· Thus, the ultimate implication of Bartram is that there will be much more litigation on the application of the statute of limitations in foreclosure cases and its effect on future foreclosure actions.