The Bartram Decision: Guidance For Foreclosure Actions?
By attorneys with Baker Donelson Bearman Caldwell & Berkowitz PC (December 19, 2016, 12:45 PM EST) -- Joshua Levine
Sarah-Nell H. Walsh
Eve A. Cann Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank NA SC14-1265 (Fla. Nov. 3, 2016), holding that a lender is not barred from filing a subsequent foreclosure action based on a payment default after a first foreclosure action is involuntarily dismissed, provided that the subsequent default occurred within five years of the newly filed action. The court limited its holding to cases that were involuntarily dismissed and where the mortgage at issue...
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