EXTRA TIME FOR FORECLOSURE ACTIONS

…WITH MORE TO COME

EXTRA TIME FOR FORECLOSURE ACTIONS…WITH MORE TO COME

EXTRA TIME FOR FORECLOSURE ACTIONS…WITH MORE TO COME

On January 6, 2016, the Florida 4th DCA ruled that a voluntary dismissed foreclosure action does not bar subsequent actions and acceleration based upon different events of default.  Thus, any acts of default still within the statute of limitations may be raised in a subsequent suit.  This ruling allows mortgagees additional time to bring an action that could have potentially been otherwise bared.  This is in conflict with Florida 3rd DCA in Deutsche Bank Trust Co. Americas v. Beauvais, 40 Fla. L. Weekly D1 (Fla. 3d DCA Dec. 17, 2014).  The 4th DCA certified the conflict so that the issue can be brought before the Florida Supreme Court.  See  Nina Solonenko and Valeriy Solonenko v. Georgia Notes 18, LLC, et. All  No. 4D14-3001 (Fla. 4th DCA January 6, 2016)

Contact Xander Law Group for you Miami personal & business litigation needs.  The attorneys of the Xander Law Group can assist you during the entire legal process and can ensure that your rights are protected.  Call us today at 305-767-2001 to schedule a free consultation and see how Xander Law Group can help you with your case.  For more information on how our law firm can help you, visit us online at http://xanderlawgroup.com.