On January 12th, Florida’s Fifth District Court of Appeal ruled that lenders can sue to foreclose more than five years after the first missed payment, but they can’t collect damages for defaults falling outside the window the provided in the statute of limitations.
The ruling in Velden v. Nationstar has statewide implications on which foreclosures can survive defense motions to dismiss, and how much plaintiffs can collect if they miss the statue of limitations deadline. The ruling is significant in a state where hundreds of thousands of foreclosures clogged court dockets after the last real estate market collapse.
Joining the podcast to discuss legal issues within the NPL space is Harris Howard, Managing Attorney of the Howard Law Group, a boutique real estate law firm in Florida. Howard Law Group represents servicers, hedge funds and investors in mortgage foreclosure litigation, bankruptcy real estate closings and evictions throughout the state of Florida.