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.
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One of the cases I have been monitoring is U.S. Bank NA v Bartram, which had been argued before the Florida Supreme Court ("Supreme Court").The issue at bar concerns the statute of limitations for filing a foreclosure suit. I think this case is being watched closely not only because of its impact on Florida’s statute of limitation provisions but also because of its wider, national.
Banks Win Big In Fla. Supreme Court Foreclosure Ruling. The court’s decision is the most important one in Florida affecting the mortgage industry in the last decade and was a "clean sweep victory for all banks and servicers" on the statute of limitations defense, according to Derek Leon of Leon Cosgrove LLC.
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I. The Opinion. From Res Judicata to Statutes of Limitations-the Fifth DCA Extends the Singleton Rationale: In Singleton, the Florida Supreme Court held that "a dismissal with prejudice in a mortgage foreclosure action does not necessarily bar," on the grounds of res judicata, "a subsequent foreclosure action on the same mortgage.".
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The Florida Supreme Court appears comfortable that its holding in the Bartram majority opinion that the distinction between a dismissal with and without prejudice does not affect the application of the statute of limitations for mortgage foreclosure, and that any kind of involuntary dismissal will serve to unwind an election to accelerate announced in a foreclosure complaint.
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.
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Florida Supreme Court Issues Landmark ruling on Statute of Limitations for Foreclosure: Bartram Affirmed. By EsqSocial Corporation 04/11/16 The florida supreme court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision.