Courts continue steadily to examine statute of limitations for installment loans:

Courts continue steadily to examine statute of limitations for installment loans:

Florida courts continue steadily to grapple with different dilemmas pertaining to the statute of limitations for installment loans and whether a formerly dismissed action that is foreclosure suit on subsequent defaults. Once we have actually formerly talked about, in U.S. Bank nationwide Association v. Bartram, Florida’s Fifth District Court of Appeal decided that the dismissal of a previous property foreclosure action basically nullified the first acceleration regarding the loan, in a way that subsequent installments had then become due as well as the statute of limits period went from each missed installment. Bartram certified the question that is following the Florida Supreme Court:

Does acceleration of re payments due under an email and home loan in a foreclosure action that has been dismissed pursuant to rule 1.420(b), Florida Rules of Civil Procedure, trigger application regarding the statute of limitations to avoid a subsequent foreclosure action because of the mortgagee predicated on all re re payment defaults occurring subsequent to dismissal regarding the first foreclosure suit? Continue reading “Courts continue steadily to examine statute of limitations for installment loans:”