FL 3rd DCA reversed foreclosure because bank flouted 5-yr Statute of limitations.

Court reluctantly reverses foreclosure because plaintiff ignored Florida 5-year Statute of limitations.

http://www.3dca.flcourts.org/Opinions/3D11-0136.pdf

“As someone – probably either St. Thomas More or George Costanza – must have said, the law is the law. Notwithstanding the distasteful consequences of applying it in this case, it must be served.” Elizabeth Spencer v EMC Mortgage Corporation, 3D11-136, Fla 3rd DCA, 29 August 2012.

Did the court attribute that axiom (the law is the law) to George Costanza, from Seinfeld?

Let’s get real, folks. As Rich Cantwell of Jubilee recently pointed out when he sent me this opinion, many foreclosure victims might have the right to escape foreclosure because the bank has played musical chairs with the note for so long that it has neglected to act within the 5-year statute of limitations on foreclosures.

Florida Statute 95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:

(2)WITHIN FIVE YEARS.—

(c)An action to foreclose a mortgage.

From <http://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html> ​

Bob Hurt Blog 1 2 3 f t
2460 Persian Drive #70
Clearwater, FL 33763
Email; Call: (727) 669-5511
Law Studies: Donate Subscribe
Learn to Litigate with Jurisdictionary

On 10/23/2013 5:54 PM, Rich Cantwell wrote:

Elizabeth Spencer v EMC Mortgage Corporation, Fla 3rd DCA 3D11-136, 29 August 2012.pdf

Advertisements

Author: bobhurt

See http://bobhurt.com

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s