FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Orange County, John E. Jordan,
P. Stopa, of Stopa Law Firm, Tampa, for Appellant. Nancy M.
Wallace, of Akerman LLP,
Tallahassee, William P. Heller of Akerman LLP, Fort
Lauderdale, Celia C. Falzone, of Akerman LLP, Jacksonville
and Eric M. Levine, of Akerman LLP, West Palm Beach, and
Charles P. Gufford, of McCalla Raymer Pierce, LLC, Orlando,
Velden appeals the final judgment of foreclosure entered by
the trial court in favor of Nationstar Mortgage, LLC
(Nationstar). We affirm in all respects except to the extent
the final judgment includes some payments barred by the
statute of limitations.
July 2014, Freedom Mortgage Corporation (Freedom) filed a
mortgage foreclosure complaint against Velden, alleging that
Velden failed to make his February 1, 2009 mortgage payment
as well as all subsequent payments. Thereafter, Nationstar
was substituted for Freedom. After trial, the court entered a
final judgment of foreclosure in favor of Nationstar,
awarding the full amount of the unpaid note plus interest,
dating back to January 2009.
asserts that the trial court erred in denying his motion for
the entry of an involuntary dismissal because Freedom's
complaint was filed more than five years after the date of
his first missed payment. We disagree.
95.11(2)(c) of the Florida Statutes (2014) provides that an
action to foreclose a mortgage shall be commenced within five
years. In Klebanoff v. Bank of N.Y.Mellon, 228 So.3d
167, 168-69 (Fla. 5th DCA 2017), we affirmed a final judgment
of foreclosure, rejecting the same statute of limitations
argument raised here:
Because the Bank alleged and proved missed payments within
the five years prior to the filing of its complaint, its
action was not barred by the statute of limitations.
See also U.S. Bank, N.A. v. Diamond, 228
So.3d 177, 178 (Fla. 5th DCA 2017).
further argues that the trial court erred in awarding
Nationstar amounts which accrued beyond the five-year
limitations period. We agree.
U.S. Bank National Association v. Bertram, 140 So.3d
1007 (Fla. 5th DCA 2014), affirmed, 211 So.3d 1009
(Fla. 2016), we quoted with approval from the federal
district court case of Kaan v. Wells Fargo Bank,
N.A., 981 F.Supp.2d 1271, 1274 (S. D. Fla. 2013):
While any claims relating to individual defaults that are now
more than five years old may be subject to the statute of
limitations, each payment that is less than five years old .
. . created a basis for a ...