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The 5th DCA just decided the Bartram case, which has now pushed the statute of limitations on a mortgage in Florida out as far as 35 years. What the case (and its precedents in 2012 and 2004) essentially say is that acceleration does allow the bank to have a judgment for the entire balance on the note if it wins, however if the bank loses, neither the doctrine of res judicata nor the five year statute of limitations are applicable to the future payments, which create a new default soon after the judgment is rendered (unless the debtor pays and the bank accepts payments). The court did certify the question of how the statute of limitations should apply to the state supreme court, which of course could restore the common-sense interpretation rather than the bank-friendly one. http://www.5dca.org/Opinions/Opin2014/042114/5D12-3823%20op.pdf
I signed on a lease for my ex wife while we were going through our divorce (she could not get into a place without me signing on the lease). After a year or so I was notified by her landlord that she had not paid her rent for about four months! I was shocked and also surprised that the landlord did not notify either her or myself earlier? To make a long story short she moved out and the landlord ending up filing suit (against both of us) and got a judgment. I tried negotiating with the landlord throughout the process. I did not find out about the lawsuit until right before we were scheduled to go to court because I had moved within the last year and did not receive any of the correspondence. I was told by the landlord's attorney that if we pay off a reduced amount via monthly payments over a two year period (the settlement that my ex was supposed to adhering to) that the landlord will not pursue any further collection processes and that the judgment will not be recorded. I am in Florida and my question is will this show up on my credit report if it is not recorded? I am not exactly sure what the difference is between a recorded judgment and a non recorded judgment. I can pay the settlement amount right after the first of the year. I am trying to avoid this showing up on my reports as they are almost clean and I am looking to buy a home next year.
Not sure if this is in the right forum, but I'm trying to help a friend out as best as possible. Heres the situation any advice is (as always) greatly appreciated So my friend moved to Holiday, Florida only a month ago and signed a lease on a privately owned house for herself and her 3 children with the intent of permanently relocating there. She just now found out that her mother has fallen very ill and now she must come back to Colorado to take care of her. Her new landlord is not very happy (obviously) and is now threatening to sue her for the entire year of the contract (it states she would be responsible in the contract) regardless of whether or not the landlady leases it out to another tenant. Is this legal in Florida? Any idea what kind of options she would have? My friend is NOT a citizen of Florida yet, although the contract was signed there so wouldnt the land lady have to come here to sue her since this is her place of residence? Thanks ladies and gents