Statute Of Limitations Defense In Florida Foreclosures Not Quite Dead Yet? Trial Court Rules In Favor Of Deceased Borrower’s Daughter Against Bankster As Trial Court Notes Distinction Between Reverse Mortgage & Traditional Mortgage
- The Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida recently dismissed a second foreclosure complaint, filed more than five years after the initial complaint and alleging the same incident of default, as barred by the statute of limitations.
In so ruling, the Court also held that the borrower’s daughter and sole beneficiary to the property encumbered by a reverse mortgage had standing to assert the statute of limitations defense.
In October 2007, a borrower entered into a “home equity conversion mortgage,” commonly known as a “reverse mortgage.” After the borrower died in May 2008, 100 percent of her…
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