Nationstar Mortgage, LLC v. Brown

Appellant challenges a final summary judgment holding that the statute of limitations bars appellant’s' action to foreclose the subject mortgage. We agree with' appellant that the statute of limitations did not bar the action. Thus, we' reverse.

It is undisputed that appellees have failed to make any mortgage payments since February 2007, the first month in which they defaulted. In April 2007, appellant’s predecessor in interest gave notice of its intent to accelerate the note based on the February 2007 breach, and filed a foreclosure action. However, the trial court dismissed that action…