The Third DCA Got it Wrong Again

The Florida 3rd District Court of Appeals is writing law instead of applying it. Its convoluted legal contortions reveal a bias that should result in recusal. Its most current ruling turns legal analysis into a game of Russian roulette in which if the gun is pointed at the head of the homeowner, all chambers are loaded while if it is pointed at the head of a bank, all chambers are empty.

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There are a number of statutes of limitations that arise out of an alleged mortgage, an alleged default and an alleged right to force the sale of somebody’s homestead. Many courts are still stuck in the myth that the mortgage crisis is solved by forcing homeowners to bear the brunt of all the illegal acts, fabrications, misrepresentations and fraud caused by banks, servicers and trustees. The 3rd DCA is one of those courts.

While the members of such courts might verily believe that they are protecting our country from chaos and collapse, they are in actuality perpetuating the great recession and the theft of wealth from households whose income drives 70% of the entire economy.

According to the 3rd DCA, the application of the 5 year statute of limitations would somehow render the other statutes a nullity. This conclusion is completely erroneous and unsupportable, in my opinion. Based upon their most recent ruling (reported in the link above) a 2006 default on a 2001 30 year mortgage loan would start the statute the running of the statute of limitations by all accounts and I agree — especially where the lender took the extra step of accelerating all payments due throughout the loan period (2001-2031).

But their ruling would also bar the homeowner from raising the statute of limitations as an affirmative defense even after the five year statute had run. The court intentionally ignores the action taken by the lender and essentially re-writes the contract and the law to give the lender the option of suing any time up until 2038 for that default based upon the ridiculuous notion of “subsequent defaults.” Since the alleged lender would that was completely ignored by the lender would not be barred by any statute of limitations until the year 2038.

7 Responses

  1. Crooked banks have done so much of problems and fraud in our society that some people are loosing faith how democracy works in this country.

    We really don’t need banks over people. People come first.

  2. @ consumerrightsdefenders:

    Steve, or Sara, I think that is a great idea, filing “referrals to the judicial commissions.”

    While it may be a tactic no one uses that doesn’t mean it is a tactic that you can’t use yourself.

    Your website indicates you have offices on the west coast. I’ll take a guess that you have offices in California. If so that means you’re in luck.

    California doesn’t require the complaining party to be a litigant. A complaining party need only have been witness to a judge’s misconduct.

    That means you can attend and witness proceedings and if there is any misconduct you – yes YOU – could take the bull by the horns, defend consumers rights, and file complaints to the State of California Commission on Judicial Performance.

    A link to the site:

    There is good information under the “Publications” tab. Click on the link for “Annual Reports,” and then read the “2015 Annual Report.” This will come really close to telling you everything you need to know to get started filing compelling complaints.

    If you have offices in Florida … Well, you’re in luck there, too, as the Florida Judicial Qualifications Commission looks to be very similar to that in California. There doesn’t appear to be any requirement to be a litigant.

    A link to the site:

    So, again that means YOU can take the bull by the horns, attend and witness proceedings and if there is any misconduct you can file complaints to the Florida Judicial Qualifications Commission.

    Your website indicates that you are “full service nationwide [in all 50 states].”


    Given that complaints are handled similarly in those 2 states I expect they’re handled similarly in all 50. That means you – yes YOU – could be taking the bull by the horns and filing complaints against judges in all 50 states!!

    The question isn’t “Why are the losers here in trial courts not filing referrals …”

    The question is “Why aren’t you – the virtuous, towering, defender of consumers – filling such referrals, and complaints, across the country?”

    As I said at the top I think that would be a great idea. You could set a strong example for others to follow.

  3. To Consumerrightsdefenders; I’ve been fighting my foreclosure for 71/2 + yrs. against JPMCB. Just starting an appeal. Filed for a Stay in trial as required, but the Appellate court has withdrawn my Stay motion after we had a hearing, a denial Order and now the appellate court sends me an Order denying an appellate court Stay which I have not even submitted motion for a Stay in the appellate court. The appellate court has even made sure that I received the $50 filing fee for the motion in the trial court that was withdrawn.

  4. Sue for declaratory judgment on points raised on federal court and see what happens.

  5. Why are the losers here in trial courts not filing referrals to the
    Judicial commissions governing state judges, alleging misconduct and ethics violations in Florida? It is one tact no one uses….!

  6. Miami dade 11th circuit and 3rd court of appeal is the worst thing that could happen to anyone….
    They ignore the frauds , as the corrupt trial judge said to fake notary and note signatures (with proofs from sec of state)…..” i never sign the same” …..

  7. * “An action to foreclose a mortgage requires a plaintiff to either accelerate the balance due on a note or await the maturity date of a note on which the borrower defaulted.”

    * Restatement(Third) Property: Mortgages 8.1

    If plaintiff accelerates, do they waive their rights to any other time periods……i.e. “subsequent defaults” or as in N.J.- 20-year or 30-year……..required for the statute of limitations to kick-in ?

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