Florida Supreme Court Ruling Allows Lenders to Refile Foreclosure Cases
Recently, the Florida Supreme Court ruled that lenders can refile foreclosure cases against homeowners who are still in default, even if the case was initiated more than five years ago (i.e. past the statute of limitations). This effectively now gives banks in the state the right to bring cases back to life, meaning that delinquent Florida homeowners may now be getting foreclosure notices after years of delay (more than five years). This latest ruling effectively provides the lenders with as much leeway as they need to start foreclosure proceedings all over again, but it’s important to note that there are caveats to the ruling in terms of foreclosure defense. What the New Foreclosure Ruling Means This ruling has left many homeowners concerned, as some experts have indicated that this could allow the banks to resolve open foreclosures and place more and more homes up for sale. In general, when homeowners stop making payments, many of them hope to get their mortgage modified. However, lenders have the option of, instead, filing a foreclosure action. Prior to now, many lenders or judges dismissed foreclosures filed due to technicalities, such as mortgage companies failing to have a witness in place for trial, or judges finding that homeowners had been improperly served foreclosure papers, etc. When lenders eventually refiled these cases, many homeowners challenged the refiling, arguing that the refiling violated the state statute of limitations. Just for the 2016-2017 fiscal year alone, the Office of the State Courts Administrator estimates that there will be close to 62,000 foreclosures filed statewide. This ruling may also add thousands of refiled cases onto this estimate, cases that were on hold until the state Supreme Court’s decision last month. Homeowners delinquent with their payments are now being advised to avoid contacting their mortgage companies to find out the status of their cases. However, it is also important to note that, although the ruling allows lenders to refile cases that were initiated more than five years ago, the lenders cannot actually collect on missed payments beyond that five-year window. In other words, if a homeowner defaulted in 2007 and the foreclosure was filed in 2008 (then dismissed), if the lender now refiles the case, the lender can only collect missed payments covering 2011 to 2016, not 2007 to 2011. Foreclosure Defense Attorneys in Tampa and Orlando If a lender reopens a foreclosure case on a homeowner, they will need to work with an experienced attorney to ensure that the payments being sought cover the appropriate time periods and/or work with the lenders to settle these older cases, given how expensive the process of foreclosure can be. Many lenders would remark that they are eager to work with homeowners to help them keep their home. If you are dealing with a foreclosure issue, contact HD Law Partners right away to discuss your options with one of our experienced attorneys. With offices in both Sarasota and Tampa, we serve clients all over Florida. We’re here to provide you with options. Resource: sun-sentinel.com/business/fl-florida-foreclosure-ruling-20161203-story.html Tags: Facing Foreclosure, Florida Foreclosure Defense Lawyer, Florida Foreclosure Defense Lawyers, Florida Homeowners Insurance Attorney, Florida Homeowners Insurance Attorneys, Foreclosure Defense Sarasota, Foreclosure Defense Tampa, Refiling for Foreclosure Posted in Foreclosure Defense, Homeowners Association | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us