A Different Starting Point for Deficiency Judgments. In Florida, the statute of limitations for deficiency judgments resulting from foreclosures on or after July 1, 2013, is one year. The time period does not begin to run until the day after the court clerk issues a certificate of title to the buyer in the foreclosure sale.
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Statute of Limitations in Foreclosure-Part 1, Beauvais In paragraph four of its complaint, AHMS alleged: "Defendant, Harry Beauvais, failed to pay the payment due on the Note on September 1, 2006, and Plaintiff elected to accelerate payment of the balance." (Emphasis added.) In its complaint, AHMS sought payment of the full, accelerated amount of the remaining principal due- ,439,926.80.
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NO Statute of Limitations in Florida Foreclosures."in keeping with the practices of Florida mortgage industry" The dissent in Beauvais is pretty scathing. The dissent essentially adopts my argument and recognizes that the court is not relying upon sound legal analysis to find that statute of limitations should not apply to one category of litigants that appear before Florida Courts.
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In Bartram, Florida Supreme Court Holds That Statute Of Limitations Does Not Bar The Filing Of A Second Mortgage Foreclosure Action. The trial court agreed with Bartram and entered summary judgment in his favor, cancelling the note and mortgage and releasing the Bank’s lien on Bartram’s property.
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Statute of Limitation in Foreclosure, The Banks Claim They’re "Special" and Move for Rehearing (Deutsche Bank v. Beauvais)