Divided Florida's Third DCA Reaffirms in Beauvais that Foreclosure Law has Different Rules: 5 Year Statute of Limitations Does Not Apply
[VIDEO: BREAKING NEWS] Roy Oppenheim of Oppenheim Law assesses and criticizes Deutsche Bank Trust Company v. Beauvais court decision.
The following Daily Business Review article “The Court Sides with Lenders in Prolonged Foreclosure Case” includes excerpts by Roy Oppenheim, foreclosure defense attorney.
The Third District Court of Appeal split 6-4 Wednesday when the full court revisited the application of the five-year statute of limitations in mortgage foreclosures with input from a national array of lending and consumer lawyers.
The state appellate court reversed itself after an en banc hearing in a case that pitted Deutsche Bank Trust Co. Americas against homeowner Harry Beauvais and Aqua Master Association Inc. in Miami Beach.
The ruling means borrowers who win in foreclosure must continue to abide by their loan contracts, and lenders can move to foreclose after each breach.
“I vehemently opposed the brief we submitted,” said real property probate and trust law section committee member and former chairman Roy Oppenheim said. “We are recognizing something called re-acceleration, which does not legally exist.”
Oppenheim is a foreclosure defense attorney who heads Oppenheim Law in Fort Lauderdale, Florida.
“I just felt very uncomfortable that the bar was supporting a corporatist position that was inconsistent with the law,” he said.
“There are two sets of rules: one for the banks and one for everybody else. It’s un-American. It’s giving the bank one bite after another of the apple to continue to foreclose after they failed the first time.”