Bartram Affirmed: Florida Supreme Court Provides Guidance For Filing a Successive Foreclosure Action Post Dismissal. The court limited its holding to cases that were involuntarily dismissed and where the mortgage at issue contains a clause granting the mortgagor the right to reinstate after acceleration. However, the court determined that whether the initial foreclosure action was dismissed with or without prejudice was immaterial to its conclusion. Id. at 20.
FLORIDA SUPREME COURT REFUSES TO RECONSIDER LANDMARK STATUTE OF LIMITATIONS FOR MORTGAGE FORECLOSURE On March 16, 2017, the Florida Supreme Court denied motions for rehearing and/or clarification filed by petitioners Lewis Brook Bartram, the Plantation at Ponte Vedra, and Gideon M.G. Gratsiani. All three petitioners requested the
The Florida Supreme Court today affirmed Bartram v. U.S. Bank. action with regards to Florida's statute of limitations for mortgage foreclosure.
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Florida Supreme Court Holds that Each Default Resets the Statute of Limitations for Filing a Foreclosure Complaint. In the case, the mortgagor, Bartram, stopped making mortgage payments in 2006, and the mortgagee, a bank, filed a foreclosure lawsuit and accelerated the payments due under the terms of the loan. Nearly five years later,
The Florida Supreme Court’s written opinion is out on Bartram. After lengthy consideration and deliberation, their prior ruling in Singleton is upheld and logic prevails. The 5 th DCA certified the question as one of great public importance and the Florida Supreme Court, after rephrasing it, agrees.
The landmark case on the Florida statute of limitations was affirmed by the Florida Supreme Court in Bartram v. U.S. Bank National Association, SC14-1265 (Fla. Nov. 3, 2016). That decision, upholding the Fifth District Court of Appeal, was. Due to the number of foreclosure cases since the financial crisis.
The recent decision of the Florida Supreme Court in Bartram v. U.S. Bank National Ass’n, 211 So. 3d 1009 (Fla. 2016), resolves the question of the application of the statute of limitations in the residential mortgage foreclosure context at issue here in favor of the Bank.
Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), holding that a lender is not barred from filing a subsequent foreclosure action based on a payment default after a first foreclosure.
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