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U.S. Bank National Association filed to foreclose on Mr. Bartram after he defaulted on his mortgage. Five years later, the trial court dismissed the case when the lender did not show up for a case management hearing. A year later, the trial court ruled the mortgage was cancelled because the lender had let the case [.]
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.
The Florida Supreme Court issued the much anticipated opinion in Bartram v. U.S. Bank, N.A on November 3, 2016, providing long awaited guidance as to the statute of limitations on successive mortgage foreclosure actions, post dismissal. The Court answered a very limited certified question which limited the scope of their opinion.
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The Florida Supreme Court’s Decision in Bartram v. U.S. Bank, N.A. is Good News for Lenders The operative facts in Bartram are simple. 1 Borrower executed a standard form mortgage in favor of the lender. The mortgage contained an optional acceleration clause and provided the borrower with a right to reinstate the mortgage after acceleration.
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Florida Supreme Find NO STATUTE OF LIMITATIONS in Foreclosure. As if we need any other proof that banks are special.and that special rules are made to apply for (not against) banks, today Florida’s Supreme Court released their much anticipated decision in US Bank v.