Fla. Supreme Court Holds Each Default Triggers New SOL, Manner of Dismissal of Prior Foreclosure Not Material to SOL Analysis | The CFS Blog

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The Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida recently dismissed a second foreclosure complaint, filed more.. Under Florida law, a “defendant may not assert a statute of limitations defense. Fla. Supreme Court Holds Each Default Triggers New SOL, Manner of.

The Florida Supreme Court today affirmed Bartram v.. the prior dismissed foreclosure, the potential existed for future defaults and therefore. 'the distinction is not material for purposes' of the statute of limitations analysis.. date of each new default providing the mortgagee the right, but not the obligation,

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Florida Court Holds New Default Notice Not Req'd After Voluntary Dismissal of Prior Foreclosure. default after it voluntarily dismissed its first foreclosure action before filing. Fla. Supreme Court Holds Each Default Triggers New SOL, Manner of Dismissal of Prior Foreclosure Not Material to SOL Analysis.