Foreclosure Defense

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If you are a borrower and have been served with a foreclosure lawsuit, it is especially important to see an attorney immediately to assist in defending your foreclosure action. You only have 20 days from being served with the lawsuit to file a response or a default may be entered against you.

If a default has already been entered, you should speak with an attorney as soon as possible to determine if it is possible to have the default set aside.

Heath Law Firm will review every aspect of your case with you. We will review the mortgage documents, the note, and the bank disclosures. We also can arrange for a third party to conduct an audit of the lender’s accounting policies and procedures. This audit can help to determine any irregularities that might give you a defense to the lawsuit.

As part of our commitment to personalized legal representation for our clients, we evaluate each client’s individual circumstances to determine an effective plan of action.

Click here to read a previous blog post with information regarding the statue of limitations on foreclosure in Florida.

A Summary Of Too Late to Foreclose? – National Law Review

Original Article By: by: Michael S. Provenzale of Lowndes, Drosdick, Doster, Kantor & Reed, P.A

Understanding Florida’s Statute of Limitations for Mortgage Foreclosures

Different courts in Florida have produced varying verdicts in cases involving the state’s statute of limitations for mortgage foreclosures, particularly when the initial foreclosure action gets dismissed.

A Closer Look at The Verdicts

In the case of *U.S. Bank v. Bartram*, the Fifth District Court concluded that if a foreclosure action is dismissed, it invalidates the acceleration of the loan. As a result, a fresh default may be issued, and there is an additional five years for refiling.

The Fourth District echoed these sentiments in *Evergrene Partners v. Citibank*, where they concurred with the Fifth District’s judgment.

However, the Third District did not agree with these rulings. They held a contrasting verdict in the case of *Deutsche Bank v. Beauvais*, arguing that the dismissal of a foreclosure action doesn’t undo the loan’s acceleration.

Supreme Court Review

At the time this article was written, The Florida Supreme Court was expected to review these contrasting rulings, specifically the cases of Bartram and Evergrene Partners. This review was meant to bring much-needed clarity and provide a definitive interpretation of Florida’s statute of limitations in regards to mortgage foreclosures when an initial action has been dismissed.

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