Because we believe the issue we resolve is a matter of great public importance, we certify the following question to the Florida Supreme Court: Does acceleration of payments due under a note and mortgage in a foreclosure action that was dismissed pursuant to rule 1.420(b),
The Florida Supreme Court has declared that where a first foreclosure lawsuit is involuntarily dismissed by the court, it does not trigger the application of the statute of limitations to prevent a second foreclosure action based on payment defaults occurring after dismissal of the first foreclosure lawsuit.
Florida Supreme Court Refuses to Reconsider Landmark 2016 Ruling on Statute of Limitations for Mortgage Foreclosure Blog Consumer Finance Litigation
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The Florida Supreme Court ruled that lenders can refile foreclosure cases against owners still in default, even if the cases started more than five years ago, outside Florida’s statute of limitations.
Florida Supreme court issues landmark Ruling on Statute of Limitations for Foreclosure: Bartram Affirmed. secure free homes through a tortured reading of Florida’s statute of limitations, the.
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.
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.
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.
Requests to the Florida Supreme Court for official public records should be made in writing pursuant to Rule of Judicial Administration 2.420 to firstname.lastname@example.org. Rule 2.420 is the judicial counterpart to Florida’s public records statutes, Chapter 119.