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Tag: Florida Supreme Court

Court ruling lets lenders bring stalled foreclosures 'back to life'

Tue Dec 6, 2016 by on Florida Law News

The following article was written by Paul Owers Sun Sentinel and republished in the South Florida Law and Legal Blog with excerpts and opinion from real estate defense attorney Roy Oppenheim, Oppenheim Law – Weston, FL Summary: The Florida Supreme Court has declared that where a first foreclosure lawsuit is dismissed voluntarily or involuntarily by the court, such dismissal  does not trigger the […]

Statute of Limitations Doesn't Apply to Foreclosures – FL Supreme Court Creates Different Rules for Mortgages

Fri Nov 4, 2016 by on Florida Law News

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 […]

Breaking News: Florida Supreme Court Rules on Bartram Regarding Statute of Limitations in Foreclosures

Thu Nov 3, 2016 by on Florida Law News

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, […]

Bartram Supreme Court Oral Argument: Don't Drink Your Own “Kool-Aid”

Tue Nov 10, 2015 by on Florida Law News

I always tell my clients not to be oversold on a particular legal argument, in other words not to drink their own “Kool-Aid.”  The Bartram oral arguments have shown me very clearly that the banks are drinking their own “Kool-Aid.” They are trying to convince the Florida Supreme Court that there should be an unlimited amount of time (statute of […]

A View of the Bench

Tue Nov 5, 2013 by on Florida Law News

At a recent  seminar with the Daily Business Review,  250 lawyers engaged in the practice of  foreclosure law where a number of foreclosure and appellate judges served on a panel with me, I admonished the judicial branch to take heed. Specifically, I suggested that as the Florida Supreme Court in 1939 in Kilgore Groves, Inc. v. Mayo warned, one cannot allow […]