Search the Community
Showing results for tags 'Bartram'.
Found 1 result
The 5th DCA just decided the Bartram case, which has now pushed the statute of limitations on a mortgage in Florida out as far as 35 years. What the case (and its precedents in 2012 and 2004) essentially say is that acceleration does allow the bank to have a judgment for the entire balance on the note if it wins, however if the bank loses, neither the doctrine of res judicata nor the five year statute of limitations are applicable to the future payments, which create a new default soon after the judgment is rendered (unless the debtor pays and the bank accepts payments). The court did certify the question of how the statute of limitations should apply to the state supreme court, which of course could restore the common-sense interpretation rather than the bank-friendly one. http://www.5dca.org/Opinions/Opin2014/042114/5D12-3823%20op.pdf