Florida Supreme Court Issues Landmark ruling on Statute of Limitations for Foreclosure: Bartram Affirmed.

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Florida Supreme Court Holds that Each Default Resets the Statute of Limitations for Filing a Foreclosure Complaint. In the case, the mortgagor, Bartram, stopped making mortgage payments in 2006, and the mortgagee, a bank, filed a foreclosure lawsuit and accelerated the payments due under the terms of the loan. Nearly five years later,

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The Florida Supreme Court’s long-awaited decision in Bartram v. U.S. Bank has tentatively established that a holder is not barred from filing subsequent foreclosure action within five years after.

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Florida Supreme Court Issues Landmark ruling on Statute of Limitations for foreclosure: bartram affirmed.. material for purposes’ of the statute of limitations analysis. See Bartram, 140 So. Ina second lawsuit, Bartram claimed the bank’s right to enforce was barred by the statute of limitations stated in Florida Statutes, 95.11 (2) (c), which imposes a five-year limit on any lawsuit to foreclose a mortgage.

BARTRAM DECISION IS GOOD FOR BORROWERS. 1/9/17 Court Rules No Free Houses The Florida Supreme Court ruled in Bartram v. U.S. Bank, N.A., SC14-1265 that lenders are not barred from filing subsequent foreclosure actions based on payment defaults after a first foreclosure action is involuntarily dismissed. In essence, one legal definition for SOL (Statute of Limitations) was.

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.