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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.
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.
Foreclosure Free, (Per Statute) as 5-Year Clock Expires MIAMI – In September, Susan Rodolfi celebrated an unusual anniversary: five years of missed mortgage payments. She is like a ghost of the housing market’s painful past, one of thousands of Americans who have skipped years of mortgage payments and are still living in their homes.
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One response to "The florida 5-year statute of Limitation Foreclosure Rule is Complex". [.] would end up with the home for free if in fact the bank did not rebring the foreclosure or if the five-year statute of limitations has kicked in. In most cases, neither of those events indeed have [.]
"I understand they don’t like the idea that people can end up with free houses but this undermines and defies the purpose of a statute of limitations," said foreclosure defense attorney Roy Oppenheim, who is fighting a high-profile foreclosure deadline case in Boca Raton in which homeowners stand to win a multimillion-dollar waterfront mansion.
New York courts are also considering the statute of limitations. "It’s becoming a more common way to get out from under these cases," Linda Tirelli, a lawyer in White Plains who represents home owners facing foreclosure, told The New York Times. Source: "Foreclosure to Home Free, as 5-Year Clock Expires," The New York Times (March 29.
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If 5 year FL statute of limitations for foreclosure is exceeded, how do we go about filing quiet title to get rid of mortgage? Foreclosure originally filed 6/12/2008, but was not completed. Filed again Feb 2013, but not served on us yet.
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