DEUTSCHE BANK
v.
MILLER
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A foreclosure complaint alleging a continuous state of default that encompasses mortgage payments within the five-year statutory period is not barred by the statute of limitations even if the initial default occurred more than five years prior.
[1] When a mortgage foreclosure complaint alleges a continuous state of default encompassing payments due within the statutory period, the action is timely even though the in…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceDeutsche Bank filed a foreclosure complaint in May 2013 against the Millers for defaulting on their February 1, 2007 mortgage payment and all subseque…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
Deutsche Bank National Trust Company (“the Bank”) appeals an order granting final summary judgment in favor of James and Angela Miller and dismissing its complaint based on the statute of limitations. We reverse.
In May 2013, the Bank filed a foreclosure complaint against the Millers, alleging that the Millers defaulted on their February 1, 2007 mortgage payment and all subsequent payments. The Millers successfully moved for summary judgment, arguing that the statute of limitations barred the Bank’s claim based on the default date alleged in the complaint.
See § 95.11(2)(c), Fla. Stat. (2013) (providing five-year statute of limitations period for foreclosure actions).
The trial court erred in granting the motion for summary judgment based on the statute of limitations. The Bank’s complaint was not time-barred because the Bank alleged a continuous state of default that encompassed payments within the five years preceding the filing of the complaint. See Velden v. Nationstar Mortg., LLC, 43 Fla. L.
Weekly D147 (Fla. 5th DCA Jan. 12, 2018); Bank of N.Y. Mellon v. Stallbaum, 230 So. 3d 1271, 1271 (Fla. 5th DCA 2017); U.S. Bank N.A. v. Diamond, 228 So. 3d 177, 178 (Fla. 5th DCA 2017); Klebanoff v. Bank of N.Y. Mellon, 228 So. 3d 167, 168 (Fla. 5th DCA
2017).
Accordingly, we reverse the entry of final summary judgment and remand for further proceedings.
REVERSED and REMANDED. COHEN, C.J., PALMER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Deutsche Bank Nat'l Tr. Co. v. Miller, 239 So. 3d 789 (Fla. 5th DCA 2018)
Authorities Cited
- Klebanoff v. Bank OF NEW York Mellon, 228 So. 3d 167 (Fla. 5th DCA 2017)
- U.S. Bank v. Diamond, 228 So. 3d 177 (Fla. 5th DCA 2017)
- Bank OF NEW York Mellon v. Stallbaum, 230 So. 3d 1271 (Fla. 5th DCA 2017)