Statute of Limitations in Foreclosure- Part 1 Bartram

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A year after the original dismissal, as part of a cross-claim in another foreclosure proceeding, Mr. Bartram sought a declaratory judgment to cancel the mortgage and quiet title to the property. 10 Mr. Bartram asserted that the applicable five-year statute of limitations, set forth in F.S. 95.11(2)(c), barred the lender from bringing another.

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I. The Opinion. On April 25, 2014, the Fifth District Court of Appeals issued an important opinion in U.S. Bank Nat’l Ass’n v.Bartram, No. 5D12-3823, 2014 WL 1632138 (Fla. 3d DCA Apr. 25, 2014), holding that "a default occurring after a failed foreclosure attempt creates a new cause of action for statute of limitations purposes, even where acceleration had been triggered and the first.

Banks are not barred by the statute of limitations deadline if their first foreclosure action is involuntarily dismissed by a trial court. Under Bartram, banks can file a second foreclosure lawsuit based upon a defaulted payment that happened after the date of the first foreclosure’s dismissal.

Florida Foreclosure Statutes of limitations explained: part 1 posted on September 22, 2015 by Stephen Hachey The term "statutes of limitations" defines the laws that set deadlines for filing a lawsuit.

In sending the case back to the lower court, the appeals court said that while the statute of limitations had expired. company was forced into bankruptcy and foreclosure proceedings and lost more.

The Florida 5-year Statute of limitation rule is complex; however, Florida Supreme Court has finally articulated its position on this issue yesterday by releasing the long-awaited bartram opinion confirming that the statute of limitations does not apply to foreclosures – but with a very a thin silver lining.

Foreclosure And Statute of Limitations- Bartram is Actually Good For Florida Consumers! Attached to this post is an excellent analysis of the Florida Supreme Court’s decision in Bartram, produced by Nye Lavalle who is an all around great guy and very knowledgeable in aspects of foreclosure and consumer defense:

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