Being a homeowner in foreclosure is tough. Being a homeowner in foreclosure undergoing bankruptcy and being on the verge of losing your property is even tougher.
A home is more than just four walls where you sleep, eat, work and watch Game of Thrones. Your home is the place where you create unforgettable memories, the place where you may have realized you fell in love, raised your family or even shared the best pizza ever with your loved ones.
But there are people who are after your home in Wesley Chapel or anywhere across Florida. The bank wants to take your home and sell it to pay off your loan. The legalese language of foreclosure laws can be practically impossible to understand if you have no law degree, let alone use as your defense.
In fact, navigating mortgage foreclosure actions on your own without seeking the legal advice of an experienced foreclosure attorney is as risky as ever before, given that the District Court of Appeal of the State of Florida, Fourth District, recently reversed the dismissal of a mortgage foreclosure action.
Yep, you read that right. The dismissal of a mortgage foreclosure action can actually be reversed.
Reversal of the dismissal of a foreclosure action: it’s REAL
The unprecedented reversal of foreclosure dismissal came earlier this week and was based on res judicata and the statute of limitations. In a nutshell, here’s what happened:
1 A mortgagee filed the first foreclosure action in 2011 alleging that the borrower had defaulted by failing to make all payments due on November 1, 2009 and thereafter
2 The first foreclosure action was dismissed without prejudice in May 2013
3 The mortgagee filed the second foreclosure action in September 2015
4 A foreclosure attorney appointed by the trial court to represent the borrower cited the statute of limitations as a defense on the basis that over five years had passed since the default (2009) and the first foreclosure case (2011)
5 The trial court entered an order of dismissal on the basis that the first foreclosure action barred the second action
6 The mortgagee appealed
7 The Appellate Court in Florida ruled that, under Bartram, “each default in monthly payments creates a continuing cause of action,” reversing the trial court’s dismissal of the mortgage foreclosure action, therefore ordering the trial court to determine the amount due that accrued from 2011 to 2015, when the second foreclosure action was filed by the mortgagee.
8 In other words, you’re not safe even if your mortgage foreclosure action was dismissed, as your mortgagee may reverse the dismissal with the help of the trial and appellate courts, forcing you to pay all the payments due before filing a final foreclosure action and threatening to take away your home.
Protect your home beforehand
The bizarre case caught the eyes of our foreclosure attorneys at DHW, P.A., as we’re determined to help homeowners in foreclosure and/or undergoing bankruptcy in Wesley Chapel and across Florida to keep their property.
Our Wesley Chapel foreclosure attorney is available to speak with you day and night to discuss your best course of action against a mortgagee who’s determined to file a foreclosure action or has already done that.
We have more than 30 years of experience in helping clients protect their homes and navigate through the confusing and disorienting world of real estate foreclosure in Florida.
Call our Wesley Chapel offices at 813-962-3176 or 877-349-7252 toll-free for a free initial consultation. We’ll look into your particular case to come up with a tried-and-true successful strategy to protect your rights and your home.