There Is a Side Supreme Court Matter to Watch While not directly. Specifically, the Levins contend that recent rulings in Calderon-Cardona v. Bank of New York Mellon and Hausler v. JPMorgan Chase.
The Florida Supreme Court’s Decision in Bartram v. U.S. Bank, N.A. is Good News for Lenders On behalf of Payton & Associates, LLC posted in Commercial Real Estate on Friday, November 18, 2016. The operative facts in Bartram are simple. 1 borrower executed a standard form mortgage in favor of the lender.
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in the district court of appeal of the state of florida fifth district not final until time expires to file motion for rehearing and disposition thereof if filed u.s. bank national association, etc., appellant, v.
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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.
The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and other courts in addressing the application of the statute of limitations in the context of an action for foreclosure.
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.
Patricia Bartram; and The Plantation at Ponte Vedra, Inc. (collectively, "Petitioners"), challenge the Fifth District’s result by building a legal fiction with no basis in the law or the mortgage. They tell the Court that, once U.S. Bank accelerated the mortgage in 2006, it had to take some affirmative step to
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.