Foreclosure Statute of Limitations

Hello everyone.  Welcome to the new website.  In November of 2016, the Florida Supreme Court of Florida ruled on what the Five Year Statute of Limitations means in Residential Mortgages.  See the Bartram case below and in our Foreclosure defense tab if you want to read the opinion.

How can we still get your foreclosure case dismissed?  Bartram laid out the paradigm on how banks need to proceed when doing a foreclosure on someone that hasn’t paid in several years.  Scanziani Law still gets cases dismissed because banks do not meet their burden many times when they file a foreclosure.

Ask yourself have you not paid in over five years?

Has there been a previous foreclosure filing?

Has the original lender sold the loan to someone else?

Bartram required that banks put a default date after the last foreclosure dismissal and within five years of the new foreclosure filing date.  If the bank doesn’t meet these two requirements, you should be able to get your case dismissed just on this alone.

CONTACT US at info@scanziani.com or at 305-274-9033!!!!

“Bartram case”

FLA. STAT. 95.11(2)(c)   http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html