So, the Third District Court of Appeal has finally reached a decision in the Deutsche Bank v. Beauvais case, and it is not favorable to borrowers. the Court sided with Lenders in prolonged foreclosure cases. In essence, the Opinion by the Court of Appeals allows lenders to pursue foreclosure cases, even after the 5 years after nonpayment have expired. The Third DCA now agrees with the Fifth DCA finding that a missed mortgage payment after an initial failed foreclosure lawsuit stats the five-years all over again.
This ruling will allow lenders to pursue foreclosures and sides with the Supreme Court in Singleton v. Greymar Associates.
Singleton is a landmark ruling that allows lenders to bring foreclosure suits even after courts dismiss earlier foreclosure suits with prejudice. It holds that new defaults AFTER unsuccessful foreclosure suits creates grounds for re-filing, or re-suits. It also makes no distinction between foreclosure cases where lenders accelerated their loans to collect full payment and other, and allows lenders to maintain separate actions for defaults occurring even after acceleration.
The ruling in essence means borrowers who win in foreclosure must make payments under their loan contracts, or lenders can move to foreclose after any subsequent breach.
If you are unsure whether your foreclosure can be defended, or are facing foreclosure and require the assistance of a knowledgeable attorney, call the Law Offices of Jacqueline A. Salcines, PA.
We are happy to explain the Court’s decision in length and see if you are protected under the new ruling.
For more information, call to speak to real estate attorney Jacqueline Salcines, PA, today. She holds a dual degree in both accounting and law and can provide both tax and legal advice. The first consultation is always free of charge. Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com
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