On August 1, 2018, the Third District Court of Appeal found that a foreclosure judgment can include all amounts due and owing regardless of the initial date of default. In Eduardo Gonzalez and Rosa Gonzalez v. Federal National Mortgage Association, Case No. 3D17-1246 (Fla. 3d DCA, August 1, 2018), the Third DCA certified conflict with the Fifth District Court of Appeal which previously reversed a final judgment and remanded for the trial court to exclude damages from a foreclosure judgment that occurred more than five years prior to the filing date.In certifying the conflict, the Third DCA disagreed with the decision rendered in Velden v. Nationstar Mortgage, LLC, 234 So. 3d 850 (Fla. 5th DCA 2018) as contrary to the Florida Supreme Court’s decision in Bartram v. U.S. Bank National, Ass’n, 211 So. 3d 1009 (Fla. 2016). The Florida Supreme Court may now get another opportunity to bring further clarity to the interplay between the statute of limitations and foreclosure actions.
Sign up for our newsletter and get the latest to your inbox.