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 ...
http://wfsu.org/gavel2gavel/viewcase.php?eid=2294 Video of the oral arguments from the Florida Supreme Court this morning in Brtram vs. US Bank concerning the Florida foreclosure statute of limitations issue. As you can see, even ...
The First District Court of Appeal (1st DCA) recently held that the statute of limitations does not bar a second mortgage foreclosure action based on a subsequent default, regardless of whether the first case was dismissed with or ...