Foreclosure — Home equity line of credit — Limitation of actions — Res judicata — Agreement underlying action was not a negotiable instrument, but was instead a contract subject to five-year statute of limitations under section 95.11 — Summary judgment based on defendant’s breach of agreement and on counterclaim seeking declaratory relief and to quiet title denied, as there is disputed issue of material fact as to when breach occurred — Further, disputed issue of material fact exists as to affirmative defense of res judicata
Legal Topics
Foreclosure — Home equity line of credit — Limitation of actions — Res judicata
Apr 23rd, 2021 in by admin