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PLG NEWSNOTE THAT SOME DECISIONS DISCUSSED HERE ARE RECENT AND MAY NOT BE FINAL. FOR UP-TO-DATE ANALYSIS CONTACT US TODAY.
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Clients of Padgett Law Group should be aware of a recent update involving property registration within Pinellas County, Florida. The city of Clearwater (located in Pinellas) has partnered with PROCHAMPS, a Florida Corporation and Community Champions Company for the administration of the property registration program of Clearwater, FL. As Pinellas is a fairly high-volume county for foreclosures, we wanted to ensure all PLG clients are made aware of this update.
Effective immediately, properties should be registered via www.prochamps.com. The registration requirements include both occupied and vacant, except as noted below, properties with: FORECLOSURE:
If you have any questions or concerns with regards to information within this announcement, please contact PLG's Compliance Team for assistance. On Friday, July 14, 2017, the 1st DCA in Forero v. Green Tree Servicing, LLC, Case No. 1D16-2151 (1st DCA July 14, 2017) affirmed that the continuing nature of the default serves to make each foreclosure its own, distinct action, even though the initial date of default was the same as in prior foreclosure actions. Borrower’s appeal raised two main issues: 1) the foreclosure was barred as res judicata under the two dismissal rule (a 2nd voluntary dismissal of a case operates as an adjudication on the merits); and 2) the statute of limitations had expired due to the December 1, 2008 default date. This was the third foreclosure filed with the same 2008 default date and both of the prior foreclosures were voluntarily dismissed. In reaching its decision, the Court ruled, “…the foreclosure action was not rendered res judicata by the two previously dismissed foreclosure suits on the same note, and …the statute of limitations in section 95.11(2)(c), Florida Statutes, did not bar the action due to the inclusion within the allegations of at least some defaulted installment payments within five years of the date the complaint was filed.”
The Court followed the recent rulings in the Desylvester and Bollettieri cases from the 2nd DCA and Supreme Court cases Singleton and Bartram which address the “installment nature” of mortgages and joined the 2nd , 4th and 5th DCAs in confirming that allegations in the complaint of the continuing state of default satisfies the statute of limitations. The Padgett Law Group, through attorney Michael Ruff, represented the servicer in this case, which is a monumental victory that positively impacts Florida law on statute of limitations for lenders and servicers. Click the "read more" link below for the full decision. |
