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Marsha411JD, Lawyer
Category: FL Real Estate
Satisfied Customers: 23
Experience:  Licensed Attorney with 29 yrs. exp in Real Estate Law
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I've been in a foreclosure suit in Florida. Bank

Customer Question

I've been in a foreclosure suit for years in Florida. Bank stopped suing because of fraud counterclaims after 4 1/2 years. With issues that delayed case for 6 mths...other time...we are now at 5 1/2 years. Is there any time limit on my suing the bank for
a clear title based on the 5 year statute of limitations they are under?
Submitted: 2 years ago.
Category: FL Real Estate
Expert:  ScottyMacEsq replied 2 years ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. To be clear, the case is still open? Or was it dismissed by the court and a new case would need to be filed?
Customer: replied 2 years ago.
Dismissed wo prejudice at 4 1/2 years
Expert:  ScottyMacEsq replied 2 years ago.
Can you tell me where the property is located? And how long was the mortgage to be for? (when was it started, how many years)?
Customer: replied 2 years ago.
Florida located, 30 years, variable, December 2006 started, bank sued early 2009
Expert:  ScottyMacEsq replied 2 years ago.
Sorry, I meant more specifically, such as what city / county the property is located.
Customer: replied 2 years ago.
Does not matter...are you working for the banks?
Expert:  ScottyMacEsq replied 2 years ago.
No, of course not. The reason I ask is that there is case law in Florida, but at the appellate level, that states that each payment starts a new statute of limitations, which means that theoretically the statute of limitations on a 30 year mortgage would not really be done until at minimum 35 years after the mortgage was taken out. Because it's the appellate court and not Supreme Court, it only applies in the counties that the court has jurisdiction over, not all counties. That's why I asked, because the county that you live in could change the answer.

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