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 STATUTE OF LIMITATIONS FOR MORTGAGE FORECLOSURE On March 16, 2017, the Florida Supreme Court denied motions for rehearing and/or clarification filed by petitioners Lewis Brook Bartram, the Plantation at Ponte Vedra, and Gideon M.G. Gratsiani. All three petitioners requested the

The following is their analysis of the Bartram decision.7 In Bartram, the Florida Supreme Court affirmed the Fifth District Court of Appeal decision that held that a lender is not barred from filing subsequent foreclosure actions based on payment defaults after a first foreclosure action is involuntarily dismissed, provided that the subsequent default occurred within five years of the newly-filed action.

the precedent of this Court, the rules of civil procedure, or common sense. A mortgage foreclosure has a 5-year statute of limitations period from the date of accrual. See 95.11(2)(c), FLA. STAT. In Bartram, this Court concluded, "[w]ith each subsequent default, the statute of limitations runs from the date of

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Florida Supreme Court Refuses to reconsider landmark 2016 ruling on Statute of Limitations for Mortgage Foreclosure.. in light of the Florida Supreme Court’s decision to decline to.

BLOG: Bartram Affirmed by Florida Supreme Court. The Court then discussed eight post- Singleton cases that extended Singleton ‘s res judicata analysis to cases involving a statute of limitations defense, and concluded that the underlying reasons support both res judicata and statute of analysis. The Court then turned to the mortgage itself and the dismissal rule itself.

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.

The Florida Supreme Court’s written opinion is out on Bartram. After lengthy consideration and deliberation, their prior ruling in Singleton is upheld and logic prevails. The 5 th DCA certified the question as one of great public importance and the Florida Supreme Court, after rephrasing it, agrees.

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