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Statute of Limitations in Foreclosure-Part 1, Beauvais Florida Cases To Watch In 2016 – In the Beauvais case, the Third District Court of Appeal in December ruled that the acceleration of the mortgage debt triggered the start of the statute of limitations. case number 1:14-cv-24387,Monday, June 10, 2019 Monday, June 10, 2019.
Statute of Limitations in Foreclosure-Part 1, Beauvais beauvais addressed the issue of whether the statute of limitations could defeat a second mortgage foreclosure action after a lender had previously exercised its right to accelerate all payments due under a loan and filed a prior foreclosure action that had been involuntarily dismissed.
Introduction. Without reinstatement or modification following the lender’s acceleration of the debt, there were no new payments due and, therefore, no new default. Accordingly, the second action-filed more than five years after the lender accelerated the debt in the first action-was barred by the statute of limitations.
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