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Bartram v. U.S. Bank Nat’l Ass’n. Florida Supreme Court, Nov. 3, 2016; 2016 WL 6538647 In November 2002, Petitioners Lewis and Patricia Bartram purchased real property in The Plantation, a private residential golf development located in Ponte Vedra Beach.
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/ Bartram vs. US Bank UPHELD By Florida Supreme Court- Banks Can Foreclose "Forever" On Old Dismissed Cases Yesterday November 3, 2016, the Florida Supreme Court finally issued its opinion in US Bank vs. Bartram concerning the statute of limitations of foreclosure cases in Florida.
In Friday’s ruling in U.S. Bank National Association vs. Patricia J. Bartram, et al, the key issue was when the clock started ticking on the five-year deadline. Many foreclosure defense attorneys agree that happens at the time of "acceleration" – when the bank decides after a series of missed payments that the entire loan amount is due.
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.
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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.
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, fourth, etc., foreclosure action even if there has been an acceleration of a loan and an involuntary dismissal of the first foreclosure lawsuit.
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