On appeal, the Florida Fifth District Court of Appeal reversed, holding that the Bank was not barred by the statute of limitations from filing a new foreclosure action against Bartram merely because more than five years had passed since the original acceleration. See U.S. Bank Nat’l Ass’n v. Bartram, 140 So. 3d 1007 (Fla. 5th DCA 2014).
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Bartram specifically states "after the dismissal, the parties are simply placed back in the same contractual relationship as before, where the residential mortgage remained an installment loan" and "the mortgagee still has the right to file subsequent foreclosure actions – and to seek acceleration of the entire debt – so long as they are based on separate defaults [emphasis is the Court’s at 20]." "Therefore, with each subsequent default, the statute of limitations runs from.
Complicated Breakdown of New Florida Foreclosure Real Estate Law Every so often, a client facing a second, third or even fourth foreclosure lawsuit asks me a question: could the bank keep filing foreclosure actions against me even though the first lawsuit was filed more than five years ago? The Florida 5-year Statute of limitation rule is complex; however, Florida Supreme [.]
mortgage industry awaits florida supreme court bartram decision on Foreclosure Statute of Limitations. Thus, in Singleton . . . the order of dismissal with prejudice served to adjudicate, in favor of the borrower, the merits of the lender’s claim and the borrower’s defenses, thus determining there was no valid default (and, by extension,
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Bartram argues that the acceleration statement in the first foreclosure meant that the entire amount of the Note was due and that there were no more future monthly installment due dates. And, since there were no more future due dates, the five (5) year statute of limitations began to run with the date of acceleration (i.e., the date of the.
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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.
Bartram, 2014 WL 1632138. 9 See, e.g., Smith, 61 F.3d at 1561 (acceleration provides an exception from the rule that a mortgage foreclosure statute of limitations runs from the maturity date of the final installment); Parker Plaza West Partners v. UNUM Pension and Ins. Co., 941 F. 2d 349,