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A-LEGAL-MIND
A-LEGAL-MIND, Lawyer
Category: Real Estate Law
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Experience:  Owner of a law firm which handles real estate transactions.
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If the Statute of Limitations in a Florida foreclosure case

Resolved Question:

If the Statute of Limitations in a Florida foreclosure case is 5 years from default, does the clock stop while the case is pending? I have read that it Pauses unless the plantiff does a voluntary dismissal or it's dismissed for lack of prosecution.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  A-LEGAL-MIND replied 2 years ago.

divorcememike :

I found this for you...........

3. Tolling of the limitations period - acknowledgment of the debt or partial loan payments subsequent to the acceleration notice toll the statute of limitations. § 95.051(1)(f), Fla. Stat. (2010); Cadle Company v. McCartha, 920 So. 2d 144, 145 (Fla.5th DCA 2006). (a) Tolling effect - starts the running anew of the limitations period on the debt. Wester v. Rigdon, 110 So. 2d 470, 474 (Fla. 1st DCA 1959). ......................This basically means it starts over if you acknowledge the debt(through actions/admission) at some point or make payments.


divorcememike :

Here is a link to a whole manual for FLorida foreclosures, its on page 3.........http://mattweidnerlaw.com/blog/wp-content/uploads/2010/11/Foreclosure+Bench+Book+-+07-10.pdf


Good luck and please remember to hit ACCEPT or feel free to continue the conversation and I will get back to you later. Thanks

Customer: Thanks. There is a statement of fact in a document filed by my previous attorney that says "the defendant executed the note and mortgage which is the subject of this foreclosure action. ". Would that be construed as acknowledgment of the debt ?
divorcememike :

I found these resources which discuss acknowledgment of debt. It seems to me that an acknowledgment of debt must imply a promise to pay, which the above statement is not. Although I must remind you that I am not your attorney and cannot give you legal advice regarding this matter. Here is the excerpt I am referring to: §102 Sufficiency of acknowledgment

An acknowledgment of an indebtedness sufficient to start the limitations period running anew must be more than a simple admission that a debt has been incurred and has not been satisfied; rather, the acknowledgment must be an unqualified admission from which a promise to pay can be implied.
J. & S. Ferguson v. Lyle, 267 F. 817 (C.C.A. 5th Cir. 1920);
Knowles Bros. Agency v. Larkin, 132 Fla. 667, 181 So. 896 (1938);
Moore v. Rush, 52 Fla. 369, 42 So. 238 (1906).


 

divorcememike :

In addition, here is a link to the page which has lots of info...............http://floridadebtor.com/index.php?topic=324.10;wap2


about 3/4 of the way down is the section entitled Sufficiency of acknowledgment. Good luck with your case, I feel your pain here in FL. Please remember to click ACCEPT if you are satisfied with the answer or feel free to continue the conversation. Thanks.

A-LEGAL-MIND, Lawyer
Category: Real Estate Law
Satisfied Customers: 466
Experience: Owner of a law firm which handles real estate transactions.
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