Florida appellate courts have continued to make case law eroding the Florida foreclosure statute of limitations allowing banks to proceed to judgment on previously dismissed cases refiled years after the foreclosure crisis. U.S. Bank ...
Florida’s 3rd District Court of Appeal out of Miami recently expanded the rejection of statute of limitations in foreclosure cases in U.S. Bank National Assoc., Trustee v Morelli, et al., Case No. 3D17-286 (Fla. 3d DCA June 6, ...
The 5th DCA recently held in Velden vs Nationstar Mortgage, 5D16-3628 (January 12, 2018) that amounts beyond the 5 year statute of limitations period in foreclosure were not collectible. The Florida Supreme Court in Bartram previously ...
There is a rule of Civil Procedure that exists which bars successive lawsuits after 2 tries, often referred to as the “two dismissal rule” under Rule 1.420. The 1st DCA recently held that this rule does not apply to ...
The 5th DCA recently issued Klebanoff v. Bank of N.Y. Mellon, and the 2nd DCA Huntington National Bank v. Watters, which clarify the pleadings requirements for lenders filing subsequent foreclosure actions. Previously, the Court ruled ...
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 ...
After the Bartram opinion allowing banks to re-file older foreclosure cases that were thought to be barred by the statute of limitations, the Florida Supreme Court left quite a few holes open. One such hole left was when the banks ...
Yesterday November 3, 2016, the Florida Supreme Court finally issued its opinion in US Bank vs. Bartram concerning the statute of limitations of foreclosure cases in Florida. Full opinion here. As previously discussed here, the ...
Recently viewing some blogs and websites of other lawyers I find a common trend. Many lawyers bash the general lawyer pool stating that “only they fight for real justice and don’t just delay cases.” Well, they ...
The Florida 5th District Court of Appeal recently issued a written opinion in an appeal, Hicks vs. Wells Fargo 5D14-1748, on the issue regarding alleging a default date in a new foreclosure action that was outside of 5 years from the ...