Statute of Limitations in Foreclosure Cases

Statute of Limitations in Foreclosure Cases

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At first glance, this seems fairly cut and dry. However, the question of how to apply the statute of limitations in subsequent mortgage foreclosure cases where the mortgagee’s prior foreclosure suit was dismissed has been the subject of significant litigation and scholarly debate in Florida for almost a decade.

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A statute of limitations is a state law that sets a strict time limit on a plaintiff’s right to file a case in civil court. When a plaintiff misses the cutoff date, the defendant can use the statute of limitations as a defense against any civil lawsuit that’s filed. If the defendant establishes that the statute of limitations applies and has indeed “run,” the court will normally dismiss.

A statute of limitations is a state law that sets a strict time limit on a plaintiff’s right to file a civil case in court. When a plaintiff misses the cutoff date, the defendant can use the statute of limitations as a defense against any civil lawsuit that’s filed.

A statute of limitations sets the time limit for bringing a legal claim, like initiating a foreclosure action. If the case is filed after a certain date, it is not valid and can.

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