Can You Beat Your Foreclosure With The Statute of Limitations?

You can’t bring up the statute of limitations as a defense in this situation. To comply with a statute of limitations, the lender simply has to begin the foreclosure before the specified period expires.

 · Also, the foreclosure statutes limit the ability to start a foreclosure after the statute of limitations runs. 33-816. Limitation on action or sale of trust property

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The Florida Supreme Court ruled that lenders can refile foreclosure cases against owners still in default, even if the cases started more than five years ago, outside Florida’s statute of limitations.

If you don’t pay on the Note, the lender has the right to invoke the "power of sale" and get their money another way. i.e. an involuntary foreclosure sale. There is no statute of limitations in California on the right to sell your property via non-judicial foreclosure auction if you don’t pay as agreed.

After the statute of limitations has expired on a debt it is no longer legally enforceable. Creditors and collectors can still collect on old debts by calling you and sending letters. However, if you’re sued for a past due debt, the expired statute of limitations can be used as a defense in court to avoid a lawsuit judgment.

This shows that debtors can successfully refute damages with a statute of limitations defense even in cases where the foreclosure itself is permissible, so long as the lender has requested damages outside of the five-year timeframe. Do you have questions about your rights in foreclosure?

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