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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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Download this alert as a PDF. The Florida Supreme Court issued its opinion Thursday, November 3 in the much-anticipated case of Bartram v. U.S. Bank. At issue was the question of whether a previous involuntarily dismissed foreclosure action triggered application of the statute of limitations to prevent a subsequent foreclosure based on payment.
Mark Hinkle, SVP with Assurant Mortgage Solutions, hosted a webinar on December 15 on behalf of Assurant Valuations for members of the Five Star Institute’s FORCE. In covering predictions for the.
Patricia Bartram; and The Plantation at Ponte Vedra, Inc. (collectively, "Petitioners"), challenge the Fifth District’s result by building a legal fiction with no basis in the law or the mortgage. They tell the Court that, once U.S. Bank accelerated the mortgage in 2006, it had to take some affirmative step to
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Now that the Florida Supreme Court has accepted jurisdiction in US Bank v Bartram, is this case law still binding? Recently the Florida Supreme Court accepted jurisdiction to the Certified Question posed by the the 5th DCA.
The issue before the Court involves the application of the five-year statute of limitations to "[a]n action to foreclose a mortgage" pursuant to section 95.11(2)(c), Florida Statutes (2012). 1 The Fifth District Court of Appeal relied on this Court’s reasoning in Singleton v. Greymar Associates, 882 So.2d 1004 (Fla.2004), rejecting that the.
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The Florida Third District Court of Appeal (DCA), sitting en banc, Beauvais, represents a critical victory for the mortgage industry and brings the. that have contemplated this issue [See, e.g., U.S. Bank Nat'l Ass'n v.. Citibank, N.A.]. Fifth DCA's Bartram decision is pending before Florida Supreme Court,