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When you go to see an attorney for the first time, one of the most important things you can discuss (if potential litigation is involved) is the applicable statute of limitations. Also known as limitations on actions, these statutes of limitations set the maximum time after an event that legal proceedings based on that event may be initiated.
The Florida Supreme Court ruled that lenders can refile foreclosure cases against owners still in default, even if the cases started more than five years ago, outside Florida’s statute of limitations.
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If the statute of limitations runs out during the foreclosure, then it’s not a defense to the foreclosure. This means that even if a foreclosure takes years to complete , you don’t have a defense to the foreclosure based on the statute of limitations.
The Statute of Limitation on Foreclosures. Depending on the state you live in, the foreclosure process and your rights can vary significantly. One of the rights you have is the statute of limitations — that is, your lender must start the foreclosure within a certain time. If your lender fails to start the foreclosure in a timely manner, you can prevent the foreclosure from taking place.
This shows that debtors can successfully refute damages with a statute of limitations defense even in cases where the foreclosure itself is permissible, so long as the lender has requested damages outside of the five-year timeframe. Do you have questions about your rights in foreclosure?
After the statute of limitations has expired on a debt it is no longer legally enforceable. Creditors and collectors can still collect on old debts by calling you and sending letters. However, if you’re sued for a past due debt, the expired statute of limitations can be used as a defense in court to avoid a lawsuit judgment.
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If the bank does not file a foreclosure lawsuit against you within the statute of limitations, then you are safe. However, if the lawsuit starts before the end of a statute of limitations, then it does not matter how long the lawsuit lasts. For example. the statute of limitations in your state is five years.