Bank of N.Y. Mellon v. Stallbaum, Case No. 5D16–3718
Decision Date | 01 December 2017 |
Docket Number | Case No. 5D16–3718 |
Parties | BANK OF NEW YORK MELLON f/k/a Bank of New York, as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II, Inc., Bear Stearns Alt–A Trust, etc., Appellant, v. Daniel STALLBAUM, Appellee. |
Court | Florida District Court of Appeals |
J Kirby McDonough and Michael J. Labbee, of Quarles & Brady LLP, Tampa, for Appellant.
Mark P. Stopa, of Stopa Law Firm, Tampa, for Appellee.
Bank of New York Mellon f/k/a Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II, Inc., Bear Stearns Alt–A Trust, Etc. ("Bank") appeals the trial court's summary final judgment dismissing Bank's foreclosure complaint based on the statute of limitations. We reverse.
In this case, the complaint, filed on March 3, 2015, alleged that the "Note and Mortgage are in default in that the payment due March 1, 2010 and all subsequent payments have not been made." The court granted summary judgment in favor of the borrower, Daniel Stallbaum, and dismissed the complaint, ruling that the action was time-barred because the initial default occurred more than five years before the foreclosure action was filed. Because the complaint alleged a continuous state of default that included acts of default occurring within the five-year period, the statute of limitations did not bar the complaint. See U.S. Bank N.A. v. Diamond, 228 So.3d 177, 178 (Fla. 5th DCA Sept. 1, 2017) ( ); Klebanoff v. Bank of N.Y. Mellon, 228 So.3d 167, 167–69 (Fla. 5th DCA June 30, 2017) ( );1 cf. Hicks v. Wells Fargo Bank, N.A., 178 So.3d 957, 958–59 (Fla. 5th DCA 2015) (...
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