EXTRA TIME FOR FORECLOSURE ACTIONS…WITH MORE TO COME

On January 6, 2016, the Florida 4th DCA ruled that a voluntary dismissed foreclosure action does not bar subsequent actions and acceleration based upon different events of default. Thus, any acts of default still within the statute of limitations may be raised in a subsequent suit. This ruling allows mortgagees additional time to bring an action that could have potentially been otherwise bared. This is in conflict with Florida 3rd DCA in Deutsche Bank Trust Co. Americas v. Beauvais, 40 Fla. L. Weekly D1 (Fla. 3d DCA Dec. 17, 2014). The 4th DCA certified the conflict so that the issue can be brought before the Florida Supreme Court. See Nina Solonenko and Valeriy Solonenko v. Georgia Notes 18, LLC, et. All No. 4D14-3001 (Fla. 4th DCA January 6, 2016)

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