FL Supreme Court Refuses Rehearing on Bartram, Now FINAL!

On March 16, 2017, the FL Supreme Court denied all pending motions for rehearing made by the borrowers and other groups who filed briefs on behalf of homeowners in the landmark Bartram case, thus making the opinion issued in November 2016 official and final (as all pending motions for rehearing were denied).

This finalizes the state of the law in Florida with regard to the statute of limitations as foreclosure.   The Florida Supreme Court’s opinion in Bartram now officially holds that the involuntary dismissal of a prior foreclosure action, with or without prejudice, does not prevent the filing of a new foreclosure action based on new, and continuing, monthly defaults in payment.

This will surely start a whole new wave of foreclosure filings as many banks were awaiting Bartram to become final before proceeding with many old foreclosures that were dismissed for one reason or another and the borrower(s) still in default since.

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