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?