The answer is no. The case law on Foreclosure’s and statute of limitations is still being decided by the appellate courts. Also how the statute of limitations will apply to your case depends upon additional facts not stated in your question. Go see and foreclosure defense attorney if you desire to get more details on the topic.

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The Florida Supreme Court ruled that lenders can refile foreclosure cases against owners still in default, even if the cases started more than five years ago, outside Florida’s statute of limitations.

Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), holding that a lender is not barred from filing a subsequent foreclosure action based on a payment default after a first foreclosure action is involuntarily dismissed, provided that the.

Bartram, 2014 WL 1632138. 9 See, e.g., Smith, 61 F.3d at 1561 (acceleration provides an exception from the rule that a mortgage foreclosure statute of limitations runs from the maturity date of the final installment); Parker Plaza West Partners v. UNUM Pension and Ins. Co., 941 F. 2d 349,

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The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and other courts in addressing the application of the statute of limitations in the context of an action for foreclosure.

I. The Opinion. On April 25, 2014, the Fifth District Court of Appeals issued an important opinion in U.S. Bank Nat’l Ass’n v.Bartram, No. 5D12-3823, 2014 WL 1632138 (Fla. 3d DCA Apr. 25, 2014), holding that "a default occurring after a failed foreclosure attempt creates a new cause of action for statute of limitations purposes, even where acceleration had been triggered and the first.

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