Bartram Affirmed: Florida Supreme Court Provides Guidance For Filing a Successive Foreclosure action post dismissal. The court limited its holding to cases that were involuntarily dismissed and where the mortgage at issue contains a clause granting the mortgagor the right to reinstate after acceleration. However, the court determined that whether the initial foreclosure action was dismissed with or without prejudice was immaterial to its conclusion. Id. at 20.
In December, the Florida supreme court issued its long-awaited decision in Bartram v. U.S. bank national association, No. SC14-1265 (Fla. Nov. 3, 2016), resolving a critical outstanding question regarding the applicability of Florida’s five-year statute of limitations for breach of contract claims to second or successive mortgage foreclosure.
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.
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The Florida Supreme Court appears comfortable that its holding in the Bartram majority opinion that the distinction between a dismissal with and without prejudice does not affect the application of the statute of limitations for mortgage foreclosure, and that any kind of involuntary dismissal will serve to unwind an election to accelerate announced in a foreclosure complaint.
Florida Mortgage Balloon – Texasqueenriverboat. Texasqueenriverboat.com Florida Balloon Mortgage Hanover Mortgages contents federal bankruptcy court Property chapter 697 Balloon mortgage. balloon time period expires comes more than 10 years after the Florida couple defaulted on their home loan. It is the second lawsuit stemming from the foreclosure and their ensuing struggle with Carrington.
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Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov.