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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.
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.
In a little over a year, from mid-2008 to mid-2009, more than 25 distinct foreclosure me¬diation programs were launched in fourteen dif¬ferent states. State legislatures, state supreme courts. ser.
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The Florida Supreme Court’s written opinion is out on Bartram. After lengthy consideration and deliberation, their prior ruling in Singleton is upheld and logic prevails. The 5 th DCA certified the question as one of great public importance and the Florida Supreme Court, after rephrasing it, agrees.
BLOG: Bartram Affirmed by Florida Supreme Court. The Court then discussed eight post- Singleton cases that extended Singleton ‘s res judicata analysis to cases involving a statute of limitations defense, and concluded that the underlying reasons support both res judicata and statute of analysis. The Court then turned to the mortgage itself and the dismissal rule itself.
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Florida Supreme Court Issues Landmark Ruling on Statute of Limitations for Foreclosure: Bartram Affirmed. While a dismissal without prejudice would allow a mortgagee to bring another foreclosure action premised on the same default as long as the action was brought within five years of the default per section 95.11 (2) (c),