set forth below, will grant Debtor's motion for summary judgment."
foreclosure deserve to lose their claim against the borrower. The Florida Supreme Court has failed to weigh in on the matter so far, but has granted certiorari to determine whether the Statute of Limitations applies to accelerated notes. See Bartram v. U.S. Bank, Nat’l Ass’n, 140 So. 3d 1007 (Fla. 5th DCA 2014), cert granted, (Fla. Sept. 11, 2014)(No. SC14-1265).
- See Bartram consolidation with other cases .
- See Bartram's initial brief.
- See US Bank initial brief.
- See US Bank's answer brief.
de-accelerates the note as a matter of law. I disagree, but anyway see Deutsche Bank Trust Company Americas v. Beauvais, 3D14-575, 2014 WL 7156961 (Fla. 3d DCA 2014). The Third DCA also held that a threat to accelerate does not constitute an acceleration. See Snow v. Wells Fargo Bank, N.A., 2015 WL 160326 (Fla. 3d DCA Jan. 14, 2015).
In my opinion, a threat to accelerate does not constitute an
acceleration, but NO dismissal, with or without prejudice, stops the
statute of limitation clock from ticking or restarts it. The clock
starts ticking on the payment stream at the instant the first breach
occurs or on the entire amount of the note with accrued interest and
collection costs the instant the creditor accelerates the note.
- appraisal fraud
- loan application fraud
- bait and switch tactics
- excessive origination fees
- excessive interest
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