Legal Opinion
Countrywide Home Loans, Inc. v. Burnette
District Court of Appeal of Florida
Decided October 30, 2015No. Nos. 1D14-728, 1D14-4044PublishedCited by 5 opinions
1Opinion of the CourtMarstiller, J.
Countrywide Home Loans, Inc. (“Countrywide”), filed a mortgage foreclosure action against Wayne Burnette (“Burnette”) in October 2007 after deeming him in default on an $825,000 promissory note and accelerating the loan, but then voluntarily dismissed the action without prejudice in July 2011. When Countrywide did not file a new complaint by early 2013, Burnette filed an action in the circuit court in February 2013 seeking an order declaring that the applicable five-year statute of limitations in section 95.11(2)(b), (c), Florida Statutes (2007), rendered the promissory note and mortgage no…
2Cases cited5 opinions
- May v. HolleySupreme Court of Florida · 1952
- Martinez v. ScanlanSupreme Court of Florida · 1991
- Houck Corp. v. New River, Ltd., PascoDistrict Court of Appeal of Florida · 2005
- Nationstar Mortgage, LLC v. BrownDistrict Court of Appeal of Florida · 2015
- Dixie Ins. Co. v. GaffneyDistrict Court of Appeal of Florida · 1991
3Cited by5 opinions
- Constance Daniels v. Select Portfolio Servicing, Inc.Court of Appeals for the Eleventh Circuit · 2022
- Garrison v. Caliber Home Loans, Inc.District Court, M.D. Florida · 2017
- AVELO MORTGAGE, LLC. v. VERO VENTURES, LLC. etc.District Court of Appeal of Florida · 2018
- Reverse Mortgage Solution, Inc. v. The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, etc.District Court of Appeal of Florida · 2016
- Paul A. Green v. Specialized Loan Servicing LLCCourt of Appeals for the Eleventh Circuit · 2019