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The landmark case on the Florida statute of limitations was affirmed by the Florida Supreme Court in Bartram v. U.S. Bank National Association, SC14-1265 (Fla. Nov. 3, 2016). That decision, upholding the Fifth District Court of Appeal, was unanimous in result and is a significant victory for the mortgage lending industry – potentially leading to the refiling of thousands of stalled cases on delinquent loans in the state.
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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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Because we believe the issue we resolve is a matter of great public importance, we certify the following question to the Florida Supreme Court: Does acceleration of payments due under a note and mortgage in a foreclosure action that was dismissed pursuant to rule 1.420(b),
In a little over a year, from mid-2008 to mid-2009, more than 25 distinct foreclosure me¬diation programs were launched in fourteen dif¬ferent states. State legislatures, state supreme courts. ser.
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.
Although there is no current conflict among the district courts of appeal as to the statute of limitations issue, the Bartram court certified the following question to the Florida Supreme Court as being of great public importance: "Does acceleration of payments due under a note and mortgage in a foreclosure
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