Foreclosure Free, (Per Statute) as 5-Year Clock Expires

Foreclosure and the 5 Year Statute of Limitations Florida Courts Will NOT Find The Statue Applies Lots of giddy attention lately about the potential for a statute of limitations in foreclosure cases that would make those debts unenforceable.

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Homeowner’s need to stand their ground and understand their rights. The application of Florida’s 5 year Statute of Limitations relating to a bank’s ability to foreclose a home (once 5 year’s has lapsed since the bank accelerated the loan)is in flux and a moving target. The Florida Supreme Court will now likely get involved and have the final say as [.]

Last Update: 03/16/16. Last Friday, the case of U.S. Bank National Association vs. Patricia J. Bartram, et al was decided by the Florida Fifth District Court of Appeals, and it’s potentially very bad news for all the Florida homeowners who were hoping to fight their Florida foreclosure with an argument about the bank missing its deadline to foreclose within a five (5) year time period.

"I understand they don’t like the idea that people can end up with free houses but this undermines and defies the purpose of a statute of limitations," said foreclosure defense attorney Roy Oppenheim, who is fighting a high-profile foreclosure deadline case in Boca Raton in which homeowners stand to win a multimillion-dollar waterfront mansion.

Deloitte to pay $149.5 million to U.S. over failed mortgage lender Deloitte Agrees to Fork Over $149.5 Million for Its Crappy Taylor, Bean & Whitaker Audits by Caleb Newquist The Justice Department announced that Deloitte would pay a $149.5 million fine to put "potential False Claims Act liability" to bed for its role as the auditor of Taylor, Bean & Whitaker Mortgage Corp., the failed mortgage originator.

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While every state has its own laws, per the Federal Trade Commission, the "clock" generally starts at the moment you miss a payment and your account becomes delinquent. If the statute of limitations is 3 years and you missed a payment due on May 1, 2013, then by the end of the day on May 1, 2016 that debt will likely be considered "time.