MARIA CAPELES
v.
BANK OF AMERICA, N.A.
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Where a mortgage contains an optional acceleration clause and the note has a definitive maturation date, the statute of limitations in foreclosure actions is determined under the Bartram framework.
[1] The Bartram standard for determining the statute of limitations in foreclosure actions applies where the mortgage contains an optional acceleration clause and the promiss…
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Join FLexlaw to unlock all legal intelligenceMaria Capeles appealed a circuit court decision in a mortgage foreclosure action brought by Bank of America. The mortgage at issue contained an option…
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PER CURIAM.
Affirmed. See Hayes v. Reverse Mortg. Sols., Inc., 260 So. 3d 391, 395 (Fla.
3d DCA 2018) (holding that Bartram v. U.S. Bank National Ass’n, 211 So. 3d 1009,
1019 (Fla. 2016), applied where mortgage at issue contained optional acceleration clause and note had definitive maturation date); Nationstar Mortg. LLC v. LHF
Hudson, LLC, 271 So. 3d 1073, 1077 (Fla. 3d DCA 2019) (“As Bartram . . . did not change the law in Florida regarding the application of the statute of limitations in foreclosure actions, . . . Nationstar’s complaint [sufficiently] allege[d] that Hudson
‘defaulted under the Note and Mortgage by failing to pay the payment due January
, 2008 and all subsequent payments.’”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)
- Nationstar Mortg. v. LHF Hudson, 271 So. 3d 1073 (Fla. 3d DCA 2019)
- Hayes v. Reverse Mortg. Solutions, 260 So. 3d 391 (Fla. 3d DCA 2018)