In agreement with a number of recent decisions, the District Court in the case of Kaan v. Wells Fargo Bank, N.A., 2013 WL 5944075 (S.D. Fla. 2013) held that after the dismissal of a foreclosure case, with or without prejudice, a mortgage remains a valid and enforceable lien on the property and a lender is not barred from filing a second foreclosure action if the second foreclosure action is based on payment defaults different from and subsequent to those that formed the basis for the first foreclosure case. As have other courts recently, the Court based its ruling on the Florida Supreme Court's decision in Singleton v. Greymar Assoc., 882 So. 2d 1004 (Fla. 2004).
Florida Bankruptcy Attorney Jordan E. Bublick - Telephone: (407) 205-4954 and (305) 891-4055
Wednesday, July 29, 2015
Second Foreclosure Case and Quiet Title Action
A 2013 Florida case dealt with the issue of whether a mortgage remained enforceable after a the dismissal of a foreclosure case and more than five years has passed from the date of the first default in mortgage payments. The homeowner argued that the five year Florida statute of limitations applied to render the mortgage no longer enforceable.
In agreement with a number of recent decisions, the District Court in the case of Kaan v. Wells Fargo Bank, N.A., 2013 WL 5944075 (S.D. Fla. 2013) held that after the dismissal of a foreclosure case, with or without prejudice, a mortgage remains a valid and enforceable lien on the property and a lender is not barred from filing a second foreclosure action if the second foreclosure action is based on payment defaults different from and subsequent to those that formed the basis for the first foreclosure case. As have other courts recently, the Court based its ruling on the Florida Supreme Court's decision in Singleton v. Greymar Assoc., 882 So. 2d 1004 (Fla. 2004).
In agreement with a number of recent decisions, the District Court in the case of Kaan v. Wells Fargo Bank, N.A., 2013 WL 5944075 (S.D. Fla. 2013) held that after the dismissal of a foreclosure case, with or without prejudice, a mortgage remains a valid and enforceable lien on the property and a lender is not barred from filing a second foreclosure action if the second foreclosure action is based on payment defaults different from and subsequent to those that formed the basis for the first foreclosure case. As have other courts recently, the Court based its ruling on the Florida Supreme Court's decision in Singleton v. Greymar Assoc., 882 So. 2d 1004 (Fla. 2004).