As many of you know by now Thanksgiving is one of my most favorite holidays as well as times of the year. This year, as I collect my thoughts for Thanksgiving which is about a week away, I do so as I celebrate my 30th anniversary with my partner and wife Ellen from halfway around the world! By the time you read this message I will, of course, be back with my family celebrating Thanksgiving like all of you. Continue reading
Filing Bankruptcy during a Fla. residential foreclosure case? The Eleventh Circuit holds that in a Chapter 7 Bankruptcy, when a debtor decides to surrender the property, that surrender is both a surrender to the trustee as well as to the creditor. Which means, that surrender means surrender . . . to effectively give up the property and give up your right to fight the foreclosure action in state court.
The Eleventh Circuit has Spoken
Complicated Breakdown of New Florida Foreclosure Real Estate Law
Every so often, a client facing a second, third or even fourth foreclosure lawsuit asks me a question: could the bank keep filing foreclosure actions against me even though the first lawsuit was filed more than five years ago? The Florida 5-year Statute of limitation rule is complex; however, Florida Supreme Court has finally articulated its position on this issue yesterday by releasing the long-awaited Bartram opinion confirming that the statute of limitations does not apply to foreclosures — but with a very a thin silver lining. Continue reading
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,