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.
Justia US Law Case Law Florida Case Law florida supreme court decisions 2016 Bartram v. U.S. Bank National Ass’n Receive free daily summaries of new opinions from the Florida Supreme Court .
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Bartram v. U.S. Bank Nat’l Ass’n. Florida Supreme Court, Nov. 3, 2016; 2016 WL 6538647 In November 2002, Petitioners Lewis and Patricia Bartram purchased real property in The Plantation, a private residential golf development located in Ponte Vedra Beach.
The Florida Supreme Court has discretionary review of cases certified before it "as a matter of great public importance," as the Appellate Court in Bartram did. That means that it is up to the Supreme Court to determine if they will take the case; they do not have to rule on the case.
In Bartram, the Florida supreme court reviewed the ruling of the Florida Fifth Circuit Court of Appeal. Specifically, it reviewed their decision that a lender can file a second, third, fourth, etc., foreclosure action even if there has been an acceleration of a loan and an involuntary dismissal of the first foreclosure lawsuit.
Law360 (January 18, 2011, 7:33 PM EST) — A Florida appeals court has ruled that Bank of America NA may. U.S. Supreme Court decision in Wyeth v. Levine dealing with federal preemption of state laws.
Mortgage industry awaits florida supreme court bartram Decision on Foreclosure Statute of Limitations By: Benjamin Weinberg March 30, 2016. Currently pending before the Florida Supreme Court, in U.S. Bank National Association v.Bartram, is a question critical to the residential mortgage industry, certified by Florida’s Fifth District Court of Appeal as a "matter of great public importance."
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