After much anticipation, the Florida Supreme Court has finally issued its written opinion in US Bank v. Bartram. The crux of this seminal case was whether the Banks after facing an involuntary dismissal of a prior foreclosure action are precluded from filing a subsequent foreclosure lawsuit more than five (5) years after the loan was accelerated. As you can imagine, this decision will have a profound effect on hundreds of thousands of past, present and future mortgage foreclosure lawsuits. We are in the process of thoroughly reviewing the Florida Supreme Court’s decision and will provide a detailed analysis on how this opinion will impact South Florida’s real estate market and litigation going forward.
As you can appreciate, the application and significance of this decision will vary on a case by case basis on pending and future foreclosure lawsuits. Therefore, should you have any questions or wish to discuss the implications of the Bartram Opinion on your particular matter, please do not hesitate to contact our office to schedule a consultation.
From the Trenches,