You Won’t Believe What Happens After Appellate Court Grants Rehearing in Beauvais
In the world of foreclosure, what is right side up can often seem upside down. Thus, in this topsy-turvy world of foreclosure, the Third District Court of Appeals is trying to grapple with the issue of and foreclosure. After granting rehearing in . It’s hard to believe what happened after appellate court grants rehearing in Beauvais and foreclosure.
The court has asked for amicus briefs from:
- The Mortgage Bankers Association of South Florida
- The Business Law Section of The Florida Bar
- The Real Property Probate & Trust Law Section of The Florida Bar
- The Florida Alliance for Consumer Protection
- The Federal National Mortgage Association and Federal Home Loan Mortgage Corporation
The briefs will answer the following 6 questions:
Where a foreclosure action has been dismissed with the note and mortgage still in default:
- Does the dismissal of the action, by itself, revoke the acceleration of the debt balance thereby reinstating the installments terms?
- Absent additional action by the mortgagee can a subsequent claim of acceleration for a new and different time period be made?
- Does it matter if the prior foreclosure action was voluntarily or involuntarily dismissed, or whether the dismissal was with or without prejudice?
- What is the customary practice?
- If an affirmative act is necessary by the mortgagor to accelerate a mortgage, is an affirmative act necessary to decelerate?
- In light of Singleton v. Greymar Assocs., 882 So. 2d 1004 (Fla. 2004), is deceleration an issue or is deceleration inapplicable if a different and subsequent default is alleged?