COURT CLEARS WAY FOR RENEWED FORECLOSURE EFFORTS

FORECLOSURE LAW IS CHANGING

Lenders who have had a foreclosure suit dismissed can bring new action if the borrower continues to default after the dismissal and the case is brought within 5 years of a nonpayment, according to the Florida Supreme Court.  At issue in the court’s November 3rd ruling was the statute of limitations provision in Florida Law that stipulates mortgage foreclosure must be bought within five years of payment default.  Family Law Lawyers handling foreclosure cases agreed the ruling may lead to a rise in foreclosure cases, following several years of declining filings.  The Florida Supreme Court’s decision finally brings some clarity to the issue and will allow judges who have been reluctant to rule on foreclosure cases to move forward with ones that have been pending for years, said Michele Stocker of Greenberg Traugi’s office.  Now everyone knows what is and is not permissible.  However, Margery Golant, a Boca Raton attorney who defends homeowners in foreclosures, said the ruling will add confusion to foreclosure cases and could reward bad behavior by some lenders.  A Child Custody Pinellas Park, FL attorney may have the right approach for you, if you find yourself in a situation like this.