Statute of Limitations in Foreclosure- Part 2 Bartram

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The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and other courts in addressing the application of the statute of limitations in the context of an action for foreclosure.

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While the underlying facts in Bartram are somewhat convoluted, the relevant question before the Florida Supreme Court was whether the five (5) year statute of limitations found in 95.11(2)(c), Fla. Stat., would operate to bar banks from filing subsequent foreclosure actions after the loan was accelerated and an initial foreclosure action was.

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While the underlying facts in Bartram are somewhat convoluted, the relevant question before the Florida Supreme Court was whether the five (5) year statute of limitations found in 95.11(2)(c), Fla. Stat., would operate to bar banks from filing subsequent foreclosure actions after the loan was accelerated and an initial foreclosure action was filed and subsequently dismissed by the trial court for lack of prosecution, i.e. involuntarily dismissed.

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The trial court sided with Bartram, but Florida’s Fifth District Court of Appeal reversed and held that "a default occurring after a failed foreclosure attempt creates a new cause of action for statute of limitations purposes." On appeal, the Florida Supreme Court affirmed the Fifth District.

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All types of legal actions have a statute of limitations. The time frame will vary based on the type of action or claim; different statutes of limitations exist for oral contracts, written contracts, personal injury, and fraud. In the context of home foreclosure, the statute of limitations for written contracts is usually the applicable statute.