Florida Supreme Court Considers Clearing up Conflicts on Statute of Limitations

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http://www.dailybusinessreview.com/home/id=1202719316326/Florida-Supreme-Court-to-Visit-LenderFriendly-Foreclosure-Rulings?mcode=1202617073880&curindex=0&slreturn=20150203104522

“Kafaesque” is the term being applied to the state of Florida law on foreclosures. If you have commercial property then you have rights, but if it is your home, then maybe you don’t. Due process has been shattered for homeowners while complete strangers take their homes with the cooperation of Judges who are struggling with the caseload and their own bias about how damaging it would be if debts were not paid. What they are missing is that none of the people foreclosing own any debt and nobody is going to get paid as a result of the foreclosure except third parties with breadcrumbs, if any, left to the actual source of funds for the origination or acquisition of the loans.

Depending upon where you live in Florida the results are different. If you beat the foreclosing party in court, then at least one court thinks that the “bank” can re-foreclose on a subsequent default on a loan and default they failed to prove. Florida’s rule HAD BEEN clear. Banks get one chance to foreclose and if the case goes against them, they get nothing in foreclosure and if the statute of limitations has run they can’t collect on the note either. They can’t come back over and over again until they a get a judge who thinks they got it right. And it didn’t matter before whether the property was commercial or residential.

So now because various districts have interpreted the law differently, the Supreme Court must decide what it had already decided. It is reviewing teh Bartram case and will consider the arguments of all sides. For me, the issue is simple. If the borrower wants to file claims against the lender and he is barred by the statute of limitations, he is done regardless of the merits. What is good for the goose was good for the gander until the courts starting bending the rules to the breaking point. They should be corrected by the Florida Supreme Court.

14 Responses

  1. David,

    Lots of words. Lots of confusion. Speak less. Act more.

  2. CHRISTINE, this is why all home owners no matter how long its been, or foreclosed on, that they do a rescission.

    there is generally equitable tolling for discovery and fraudulent concealment. A claim for fraud must be brought within three years in Massachusetts,TILA,RESPA

    but , dont you just love a ( BUT )

    the time period is measured from when the customer knew or should have known of the fraud,

    I LOVE A ( AND ) ASLO.

    and the clock does not start ticking as long as the broker is concealing the fraud.

    Under New York law, a claim for fraud must be brought by the later of six years from the event or two years from discovery.

  3. Deb,

    Unclean hands is an attack allegation. Before homeowner defaults. Long before.

  4. Deb,

    Unclean hands as a defense CANNOT work in foreclosure. And it cannot work in subsequent homeowners action after they lost the house.

  5. Michael Keane,

    Apples and oranges. Slorp is a federal case. In case you haven’t noticed, NG reports mostly on state cases. And Slorp appeal doesn’t involve lender much. Focuses on RICO against servicer and (principally) law firm. Reread the case.

  6. Here is my example on public record of a lawyer crafted document it has the top corner with foreclosure mill legal firm the title is ” default judgement”
    And the house number hand written circled and initialed purportedly by a judge. The docket clearly shows that service of process was not completed per law, the parties to are named differently in the notice, the summons and the complaint. The address is wrong, and the court calender had a different judge to hear the case than the one who signed this attorney prepared document.
    Further i only found out about this judgement against me after they took my home and my appeal regarding that was underway, so tolling as its called ( sol does not commence) never commenced because i did not know about this judgement that happened behind my back without proper service of process and without a hearing( because i got no invitation did i.) so that is a void judgement and i motioned to set aside – fast forward on appeal also state court.
    This becomes material to my appeal by the way, it is a separate issue because it is regarding rights to possession being an unlawful detainer action they filed, but it shows the parties stance as conflicting with the stance in federal court and of course unclean hands.
    I give you my example because i do not believe it only happened to myself. Theres no way these ” attorneys” do not know what they are doing, they demonstated scienter every step of the way in my own foreclosure experience.

  7. Javagold I think you are spot on. This should also go to the public officials. Letter of Morality Conscience and that Karma is a B#tch.

    NEVER AGAIN

  8. Neil:
    Thinking in and outside of the box, statutes may be stayed [at tolled] in fraud cases, so, why not in other varieties in intentional tort causes for violation of due process, vis., federal court actions under 28 U.S.C. 1983 we are seeing more of? Where there is deception attendant to acts by banks, should there not be a stay on the running of the statute as a fair consequence and when the deceit is unearthed [discovered] by the borrower, then the statute commences? Come on lawyers THINK…and legislators need to address this issue at the state houses, nationwide.

    Side Bar: We despise the use of lawyer crafted and vouched for documents allowed seminaly in some jurisdictions in lieu of real evidence which is not effectively challenged. We have assisted in the procurement of 1983 actions on this basis and for other reasons and believe the courts will have to address this issue panoramically eventually.
    Consumer Rights Defenders

  9. I told the servicer debt collecting scumbags foreclosure attorney’s that they were committing fraud. They basically laughed. I then told him karma would get him back much worse. Silence. I repeated myself. He replied I heard you. And he slinked AWAY. Actually felt like I beat him when I said that. He lost all his arrogance.

  10. @ louise,

    I remember reading that was what happened in the Slorp decision but I could be wrong.

    We have to prosecute these people.

  11. Bullies nothing but Bullies

    NEVER AGAIN

  12. @Deb, have to agree with you. These attorneys who put forged and fraudulent documents before the Court should be reported to the Attorney General for criminal acts and fraud on the court.

  13. So does it follow is you rescinded the contract then they missed their opportunity, it would have been easy for those well paid lawyers to file a declaratory action instead of taking my case all the way to ninth circuit and also state court too now, 2 lawsuits. Discovery is what they shy from they are willing to carry on the shinnanigan to the end of time rather than admit what they are doing is worse than wrong, its destroying everything our courts are supposed to represent – and this is what makes up their ” lifes work” how sad.

  14. So whatever happened to the unclean hands doctrine and the doors of the court forever closed .? False in one false in all?
    Ignorance is no excuse when we pro se go to ask the court for relief

    http://www.legalmatch.com/law-library/article/breach-of-contract-defenses-unclean-hands.html

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