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Deutsche Bank Foreclosure En Banc Review

Ballard Spahr LLP

Fla. Appellate Court Reverses Itself In Key Foreclosure Victory For Mortgage Industry

Ballard Spahr LLP on

The Florida Third District Court of Appeal (DCA), sitting en banc, reversed itself this week and held that the five-year statute of limitations did not bar a second foreclosure suit filed on a subsequent payment default so...more

Carlton Fields

Florida’s Third DCA Withdraws Opinion Impacting Mortgage Lenders

Carlton Fields on

Last April, we provided an update on the Florida Third District Court of Appeal’s opinion in Deutsche Bank Trust Company Americas v. Beauvais. In that decision, the Third District held a dismissal without prejudice does not...more

Carlton Fields

Split Florida Court Withdraws Beauvais Opinion to Hold that Dismissal Without Prejudice of Foreclosure Action Does Not Bar Second...

Carlton Fields on

After a rare en banc oral argument, the court withdrew its earlier opinion and released a new en banc decision holding that dismissal of a foreclosure action accelerating payment on one default does not time-bar a subsequent...more

Burr & Forman

Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure

Burr & Forman on

Florida’s Third District Court of Appeal retreated from one of its most unpopular opinions this morning. The Third DCA surprised many with its original ruling in Deutsche Bank Trust Company Americas v. Beauvais¸ 3D14-575 when...more

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