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I've been in a foreclosure suit in Florida. Bank

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I've been in a foreclosure...
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
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Answered in 45 minutes by:
6/23/2015
Lawyer: ScottyMacEsq, Attorney replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: FL Real Estate
Satisfied Customers: 18,123
Experience: Licensed Texas General Practice Attorney
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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?
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Customer reply replied 2 years ago
Dismissed wo prejudice at 4 1/2 years
Lawyer: ScottyMacEsq, Attorney 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)?
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Customer reply replied 2 years ago
Florida located, 30 years, variable, December 2006 started, bank sued early 2009
Lawyer: ScottyMacEsq, Attorney replied 2 years ago
Sorry, I meant more specifically, such as what city / county the property is located.
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Customer reply replied 2 years ago
Does not matter...are you working for the banks?
Lawyer: ScottyMacEsq, Attorney 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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