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Consumer Financial Services Update Bartram Decision Clarifies Statute of Limitations in Florida mortgage foreclosure cases _____ november 4, 2016 The Florida Supreme Court issued its opinion Thursday, November 3 in the much-anticipated case of Bartram v. U.S. Bank. At
/ Bartram vs. US Bank UPHELD By Florida Supreme Court- Banks Can Foreclose "Forever" On Old Dismissed Cases Yesterday November 3, 2016, the Florida Supreme Court finally issued its opinion in US Bank vs. Bartram concerning the statute of limitations of foreclosure cases in Florida.
The Florida Supreme Court’s Decision in Bartram v. U.S. Bank, N.A. is Good News for Lenders The operative facts in Bartram are simple. 1 borrower executed a standard form mortgage in favor of the lender. The mortgage contained an optional acceleration clause and provided the borrower with a right to reinstate the mortgage after acceleration.
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In the summary judgment, the court quieted title in Bartram, found the Bank had no further ability to enforce its rights under the note and mortgage that were the subject matter of the Bank’s dismissed 2006 foreclosure action, and cancelled the note and mortgage. The court released the Bank’s lien on the property.
Now that the Florida Supreme Court has accepted jurisdiction in US Bank v Bartram, is this case law still binding? Recently the Florida Supreme Court accepted jurisdiction to the Certified Question posed by the the 5th DCA.
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U.S. BANK NATIONAL ASSOCIATION vs BARTRAM: The Beginning of the End of The Five Year Statute of Limitations in Florida Posted by 4closureFraud on April 26, 2014 26 Comments "Right now, this opinion is law of the land," Ice said.
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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.