Foreclosure Free, (Per Statute) as 5-Year Clock Expires

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Homeowner’s need to stand their ground and understand their rights. The application of Florida’s 5 year Statute of Limitations relating to a bank’s ability to foreclose a home (once 5 year’s has lapsed since the bank accelerated the loan)is in flux and a moving target. The Florida Supreme Court will now likely get involved and have the final say as [.]

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Our consumer law expert shows you how foreclosure works & what laws protect you.. Sign up for your free Credit.com account Sign Up Now. From the. However, it's also possible that the debt is too old (statute of limitations has expired).. the bank is looking to close on my home within the last 5 years.

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A word about the proverbial "clock running out." In Florida, the statute of limitations for foreclosure of a mortgage is five years, which begins when the last requirement of the claim occurs; or, apropos of this litigation, at the time of the acceleration. So, presumably a lender has five years to sue to collect on a defaulted debt.

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What is the statute of limitations on a second mortgage and when does the clock start? The first mortgage with Chase foreclosed in 12/12 the second also with Chase was then charged off in Jan 2013. The first agreed to waive deficiency by agreeing to foreclosure. The second has not received any payment since 01/2008, they have just contacted me about a settlement, has the sol been satisfied.