Industry Alert – Florida Supreme Court Rules on Bartram v. US Bank, NA.

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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.

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Download this alert as a PDF. The Florida Supreme Court issued its opinion Thursday, November 3 in the much-anticipated case of Bartram v. U.S. Bank. At issue was the question of whether a previous involuntarily dismissed foreclosure action triggered application of the statute of limitations to prevent a subsequent foreclosure based on payment.

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In Friday’s ruling in U.S. Bank National Association vs. Patricia J. Bartram, et al, the key issue was when the clock started ticking on the five-year deadline. Many foreclosure defense attorneys agree that happens at the time of "acceleration" – when the bank decides after a series of missed payments that the entire loan amount is due.

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The Florida Supreme Court is currently deciding on a case, U.S. Bank v. Bartram, that will decide if servicers can restart foreclosures after five years, or if they will be barred by the Florida.

Law360, London (February 16, 2018, 6:56 PM GMT) — Britain’s top appellate court on Friday refused to allow Citibank NA to challenge a lower. tax authority failing to accuse the bank of dishonesty.

Florida Supreme Find NO STATUTE OF LIMITATIONS in Foreclosure. As if we need any other proof that banks are special.and that special rules are made to apply for (not against) banks, today Florida’s Supreme Court released their much anticipated decision in US Bank v.

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