Ina second lawsuit, Bartram claimed the bank’s right to enforce was barred by the statute of limitations stated in Florida Statutes, 95.11 (2) (c), which imposes a five-year limit on any lawsuit to foreclose a mortgage. The bank argued that the dismissal of the prior case effectively reset the clock for the bank to file a new lawsuit.
US Bank vs Bartram 5th DCA APPEAL 2014 PART 2 florida foreclosure defense attorney matt weidner discusses oral argument in US Bank vs Bartram 5th DCA dealing with statute of limitations in.
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Florida Supreme Court Issues Landmark ruling on Statute of Limitations for Foreclosure: Bartram Affirmed.. material for purposes’ of the statute of limitations analysis. See Bartram, 140 So.
US Bank vs Bartram 5th DCA APPEAL 2014 PART 3 Florida Foreclosure Defense Attorney Matt Weidner discusses statute of limitations in mortgage foreclosure actions argument in US Bank vs Bartram 5th DCA.
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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.
Banks are not barred by the statute of limitations deadline if their first foreclosure action is involuntarily dismissed by a trial court. Under Bartram , banks can file a second foreclosure lawsuit based upon a defaulted payment that happened after the date of the first foreclosure’s dismissal.
A year after the original dismissal, as part of a cross-claim in another foreclosure proceeding, Mr. Bartram sought a declaratory judgment to cancel the mortgage and quiet title to the property. 10 Mr. Bartram asserted that the applicable five-year statute of limitations, set forth in F.S. 95.11(2)(c), barred the lender from bringing another.
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.
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The answer is no. The case law on Foreclosure’s and statute of limitations is still being decided by the appellate courts. Also how the statute of limitations will apply to your case depends upon additional facts not stated in your question. Go see and foreclosure defense attorney if you desire to get more details on the topic.