The Florida Supreme Court issued the much anticipated opinion in Bartram v. U.S. Bank, N.A on November 3, 2016, providing long awaited guidance as to the statute of limitations on successive mortgage foreclosure actions, post dismissal. The Court answered a very limited certified question which limited the scope of their opinion. Essentially affirming the decision of the Fifth District Court of Appeal, the Court held a lender is not barred from filing a subsequent foreclosure action based on a default after a first foreclosure action is involuntarily dismissed, provided the subsequent default occurred within five years of the new foreclosure action. This was a victory for the mortgage servicing industry and will result in the movement of foreclosure cases having otherwise been stalled, awaiting the Court’s ruling. Read the article…………..
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