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 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,
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
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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.
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Although there is no current conflict among the district courts of appeal as to the statute of limitations issue, the Bartram court certified the following question to the Florida Supreme Court as being of great public importance: "Does acceleration of payments due under a note and mortgage in a foreclosure
Although there is no current conflict among the District Courts of Appeal as to the statute of limitations issue, the Bartram court certified the following question to the Florida Supreme Court as being of great public importance: "does acceleration of payments due under a note and mortgage in a foreclosure action that was dismissed pursuant.