The foreclosure case of Deutsche Bank v. Beauvais, a 2014 case decided by Florida's 3rd District Court of Appeals ('DCA) addressed the five-year statute of limitations (deadline) governing mortgages with acceleration clauses. [The 3rd DCA has recently granted rehearing in this case, to be heard on November 12, 2015. Stay tuned, we'll report the outcome. Read on for summary of case to date.]
Owning a home is a symbol of success in the U.S. When you buy a house you can feel great pride and excitement. [ http://www.celiadeifik.com/ contains info on many Florida real estate dispute issues]. Too many mortgage borrowers face foreclosure unarmed with proper information. Home ownership can be a struggle, especially if you find yourself unable to keep up with loan payments due to job loss.
Foreclosure Defense issue: Imagine a scenario in which a mortgage lender indicates that it is planning to bring a foreclosure action after you allegedly defaulted on your mortgage payments for a five-month period.
Florida courts recognize that you are entitled to a notice letter AND that the letter must contain very specific information shared in plain English. Those notification requirements are part of your standard mortgage contract, also known as FNMA and Freddie Mac uniform instruments.