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Posts tagged "FLORIDA FORECLOSURE"

LACHES MAY BE A DEFENSE TO YOUR FORECLOSURE

Under Florida Law, a borrower must plead the affirmative defense of laches in order to attempt to defeat a mortgagee's claim for foreclosure. Laches is as an equitable doctrine that is based upon an unreasonable delay on Plaintiff's part in asserting a known right that causes undue prejudice to the party against whom the claim is asserted.

WHAT ARE THE STATUE OF LIMITATIONS ON FORECLOSURE?

Under Florida Law, the five-year statute of limitations on foreclosure begins to run when the last payment is due unless the mortgage or promissory note contains an optional acceleration clause. When the promissory note or a mortgage contains an optional acceleration clause, the five-year statute of limitations begins to run on the date the acceleration clause is invoked.

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