The Florida Supreme Court issued the much anticipated opinion in Bartram v. U.S. Bank, N.A on November 3, 2016, providing long awaited guidance as to the statute of limitations on successive mortgage foreclosure actions, post dismissal. The Court answered a very limited certified question which limited the scope of their opinion.
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US Bank National Association, No. SC14-1265 (Fla. Nov. 3, 2016). (Click the link to read the entire case in Google Scholar.) In Bartram, the Florida Supreme Court reviewed the ruling of the Florida Fifth Circuit Court of Appeal. Specifically, it reviewed their decision that a lender can file a second, third,
Florida Supreme Find NO STATUTE OF LIMITATIONS in Foreclosure. As if we need any other proof that banks are special.and that special rules are made to apply for (not against) banks, today Florida’s Supreme Court released their much anticipated decision in US Bank v.
U.S. v. Bartram: Appellate court guts five-year limitations law (briefs available) Ina second lawsuit, Bartram claimed the bank’s right to enforce was barred by the statute of limitations stated in Florida Statutes, 95.11 (2) (c), which imposes a five-year limit on any lawsuit to foreclose a mortgage.
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The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. The decision resolves a long standing controversy regarding the effect (if any.
Today the Florida Supreme Court issued its decision in Bartram. This is a long awaited decision that could have substantial impact on a number of different h. Skip navigation
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