Bankruptcy Law

Bankruptcy law questions? Ask a bankruptcy lawyer.

Ask a Lawyer,
Get an Answer ASAP!

When did the clock start ticking on mortgage foreclosure in…

Customer Question
When did the clock start...
When did the clock start ticking on mortgage foreclosure in FL? Can the Bank de-accelerate the mortgage in June, Year 7 (claiming $215k now due) after Federal Court already used accelerated $560k amount which they agreed to during Chapter 7 process?
Facts:
Bank accelerated mortgage when I defaulted (stop paying January, year 1) in May, year 1 when bank filed suit in Florida? In April, Year 4, I filed for Chapter 7 which was granted and bank agreed…amount was $560K. Bank still had to continue with foreclosure in FL to get property. Case continued after 6 mth delay while Chapter 7 in process and then case continued in December, Year 4.
Multiple fraud charges that I was bringing and jury trial eventually forced the Bank to get case dismissed without prejudice in December, Year 5.
Florida Supreme court deciding 5 year statue of limitations now (if they decide in favor of banks major supreme constitutional fight at best…revolution on streets at worst…statute is perfectly clear in FL law).
Submitted: 3 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 1 hour by:
6/22/2015
Bankruptcy Lawyer: Attorney2020, Attorney replied 3 years ago
Attorney2020
Attorney2020, Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,580
Experience: I am a practicing attorney. I have experience in business law, real estate law, bankruptcy and estates.
Verified
No Florida decision has directly addressed the question of whether the voluntary dismissal of a foreclosure action reverses an acceleration and unwinds an expired limitations period if measured from the filing date of the initial foreclosure action. However, there are shades of the deceleration principle in Olympia Mortg. Corp. v. Pugh, 774 So. 2d 863 (Fla. 4th DCA 2000), and Kaan v. Wells Fargo Bank, N.A., 2013 WL(###) ###-####at *2 (S.D. Fla. 2013). But the clock begins once the bank is entitled to pursue the foreclosure action. In this case, the bank did ruse such action but and dismissed the case. The bank will try to argue the statue has been tolled pending the litigation, but like you said the FL statute of limitations is clear. Ultimately the decision will be left up to the Judge but your statute of limitations argument is strong. I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. Thank you.
Ask Your Own Bankruptcy Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a bankruptcy lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attorney2020 Your Own Question
Attorney2020
Attorney2020
Attorney2020, Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,580
2,580 Satisfied Customers
Experience: I am a practicing attorney. I have experience in business law, real estate law, bankruptcy and estates.

Attorney2020 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,720 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

513 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Q: Bankruptcy accelerates a debt, thus, does bankruptcy
Q: Bankruptcy accelerates a debt, thus, does bankruptcy discharge starts the clock for the statute of limitations to foreclose after the case is closed?Details: 1)The statute of limitations to foreclo… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
1) So...I'm going to Hearing for Order Setting for Non-Jury
1) So...I'm going to Hearing for Order Setting for Non-Jury Trial and Directing Pretrial Procedures in Circuit Court in FL. I expect that at the end of this Pre-Trial Hearing the Judge will issue ??? … read more
socrateaser
socrateaser
1,031 satisfied customers
Usually my questions are 1-2 sentences....you need the facts
Usually my questions are 1-2 sentences....you need the facts and last hearing info with my questions to answer (may need to talk plus have timeline of events/action that will describe better if can se… read more
RONB-ESQ
RONB-ESQ
Juris Doctorate
335 satisfied customers
Yes..I know the issues with the statue of limitations...my
Yes..I know the issues with the statue of limitations...my issue again was that during chapter 7 if the mortgage had been accelerated then it appdears to me it can't be de-ecclerated because the bank … read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
I filed chapter 7 in 2012 and surrendered my house. The mortgage
I filed chapter 7 in 2012 and surrendered my house. The mortgage company was not at my 341 meeting and I was fully discharged. I have continued to live in house. I got a notice from the courts of a no… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Have there been any successful cases where the Federal courts
Have there been any successful cases where the Federal courts over ruled the states opinon to allow the deacceleration of a mortgage for a bankruptcy case (13)? The home was a construction loan and no… read more
Fritz
Fritz
Attorney
209 satisfied customers
I will try to be brief. I am in the process of moving from
I will try to be brief. I am in the process of moving from FL to CA (in 3 days). I am moving as a job transfer. I currently have a mortgage in the amount of roughly 117,000 on a home in FL. The curren… read more
Fritz
Fritz
Attorney
209 satisfied customers
in a continuation of my bankruptcy question, Looks like
in a continuation of my bankruptcy question, Looks like The bank violated the bankruptcy injunction and now sues me in a judicial foreclosure. seeking 100k in fees and interest. and a defiency judgeme… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,461 satisfied customers
Is there any logical reason why a national mortgage lender
Is there any logical reason why a national mortgage lender would prefer to foreclose on an investment property instead of accepting the Deed in Lieu of Foreclosure, especially when you consider that m… read more
Fritz
Fritz
Attorney
209 satisfied customers
I am currently in a Chapter 13 bankrupcy. I bought my home
I am currently in a Chapter 13 bankrupcy. I bought my home new in Cape Coral FL 7 yrs ago for $217K it is now worth $80K I have been struggling to pay morgage, car, and bankrupcy pmts so have decided … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
i am currently in a chapter 13 and have been current for 3
i am currently in a chapter 13 and have been current for 3 years. I was hurt on the job 8 mths ago and i have gotten behind on my mortgage. the bank has issued a lift of stay which will go to court on… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
1st and 2nd mortgages were discharged in Chapter 7 (FL) but
1st and 2nd mortgages were discharged in Chapter 7 (FL) but homeowner has continued to make monthly payments on time. However, homeowner wants to move on and may purchase a new home upon 2nd year anni… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
WebLaw: I filed a Personal Chapter 7 in the state of Florida.
WebLaw: I filed a Personal Chapter 7 in the state of Florida. My wife and I own our principal home (homestead) in tenancy by entireties. I received a request from Suntrust Bank to reaffirm my debt obl… read more
socrateaser
socrateaser
1,031 satisfied customers
i live in Florida and considering bankruptcy, i would like
i live in Florida and considering bankruptcy, i would like to keep my home however I am 3 months behind plus fee and other charges, they have not started any foreclosure procedures other than a few le… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I have filed a chapter 7 about 2 1/2 years ago and was discharged
I have filed a chapter 7 about 2 1/2 years ago and was discharged about 2 years ago, now i have been trying to modify my mortgage for over a year and got nowhere with bank of america, i heard i could … read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I filed Chapter 13 in Florida, pro se, to keep my house from
I filed Chapter 13 in Florida, pro se, to keep my house from sale on courthouse steps. At the time I was not employed and the petition was dismissed without prejudice for deficiencies in filing (credi… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
If I have already filed for chapter 7 bankrupty, 1 year ago,
If I have already filed for chapter 7 bankrupty, 1 year ago, and now have to file chapter 13, what will happen to my primary mortgage/home if I can no longer make the payments? The judge wouild not si… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,720 satisfied customers
I have a mortgage with countrywide and suntrust I also have
I have a mortgage with countrywide and suntrust I also have taken equity from the mortgage with countrywide but the loan with suntrust. I owe 236,500.00 on the 2year old suntrust townhome. The same on… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x