The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. The decision resolves a long standing controversy regarding the effect (if any) of a prior unsuccessful foreclosure action with regards to Florida’s statute of limitations for mortgage foreclosure.
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Bartram makes clear that, upon dismissal, the parties are simply returned to their pre-foreclosure relationship, in which the borrower is given an opportunity to continue making their monthly payments, and the lender retains the right to file a new foreclosure action based on any default occurring within the statute of limitations.
Bartram Decision is Good for Borrowers firstname.lastname@example.org Page 3 STATUTE OF LIMITATIONS IN FORECLOSURE Florida, like every state has statute of limitations ("SOL") statutes for filing suits and claims. In Florida, the perceived statue of limitation for foreclosure was five years. My friend and colleague, Mark Stopa, wrote
Barry A. Stein. The statute of limitations is 5 years from the date the last payment is due not the date you last paid. The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues.
Bartram’s argument was essentially that Florida’s five-year statute of limitations ran from the filing of the Bank’s prior foreclosure action and had expired, thereby barring the Bank from bringing another foreclosure action.
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.
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Deutsche Bank v. Beauvais or US Bank v. Bartram. One of the hottest topics in all of foreclosure right now is whether the traditional 5 year statute of limitations period applies in foreclosure cases.