by K.K. MacKinstry Last week a Manhattan court ruled in Costa v. Deutsche Bank that Deutsche Bank had failed to foreclose within the six year window and was therefore barred from collecting the debt. In the same week, the Florida Supreme Court denied a motion for rehearing in Bartram v. U.S. Bank regarding the statute …
http://www.jdsupra.com/legalnews/bartram-affirmed-florida-supreme-court-76224/ Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), holding that a lender is not barred from filing a subsequent foreclosure action based on a payment default …
http://www.jdsupra.com/legalnews/each-subsequent-default-restarts-the-58017/ The long-awaited decision in U.S. Bank v. Bartram was released yesterday. At issue was whether lenders and servicers could restart foreclosures after five years, or if they would be barred by Florida’s five-year statute of limitations. Yesterday, the Florida Supreme Court clarified that a lender/servicer can restart the foreclosure clock by declaring a new …
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