On April 25, 2014, Florida's Fifth District Court of Appeals issued an important opinion in U.S. Bank Nat’l Ass’n v. Bartram, No. 5D12-3823, (Fla. 3d DCA Apr. 25, 2014), holding that “a default occurring after a failed foreclosure attempt creates a new cause of action for statute of limitations purposes, even where acceleration had been triggered and the first case was dismissed on the merits.” Id. at *6. In other words, if a lender’s foreclosure action is dismissed, and five years pass, the lender can still go ahead and bring another one — so long as the borrower defaults sometime after the first action was brought. The statute of limitations will not bar the action.
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