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The trial court sided with Bartram, but Florida’s Fifth District Court of Appeal reversed and held that "a default occurring after a failed foreclosure attempt creates a new cause of action for statute of limitations purposes." On appeal, the Florida Supreme Court affirmed the Fifth District.
The Florida supreme court today affirmed Bartram v. U.S. Bank. action with regards to Florida's statute of limitations for mortgage foreclosure.
In Bartram, Florida Supreme Court Holds That Statute Of Limitations Does Not Bar The Filing Of A Second Mortgage Foreclosure Action. Landmark 2016 Ruling on Statute of Limitations for.
Complicated Breakdown of New Florida Foreclosure Real Estate Law Every so often, a client facing a second, third or even fourth foreclosure lawsuit asks me a question: could the bank keep filing foreclosure actions against me even though the first lawsuit was filed more than five years ago? The florida 5-year statute of limitation rule is complex; however, Florida Supreme [.]
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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 action is involuntarily dismissed, provided that the subsequent default occurred within five years of the newly-filed action.
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Florida Supreme Court Rules on Statute of Limitations: Bartram v.. Essentially affirming the decision of the Fifth District Court of Appeal, the. (1) A dismissed foreclosure case does not prevent suit on a separate and subsequent default.. in cases where there is a potential statute of limitations issue?
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 unanimous in result and is a significant victory for the mortgage lending industry – potentially leading to the refiling of thousands of stalled cases on delinquent loans in the state.