Sunday, February 8, 2015

U.S. v. Bartram: Appellate court guts five-year limitations law

http://www.5dca.org/Opinions/Opin2014/042114/5D12-3823%20op.pdf


This effectively removes all limits on the filing of a new foreclosure action, no matter how many times the case has been previously dismissed


This decision has a critical impact for homeowners who have had prior foreclosures dismissed, and though they were safely beyond the five-year mark. This new decision means the bank does get to refile, and homeowner who previously though they were safe may not be. However, initial analysis shows the opinion is limited to the application of one particular subsection of the statutes, and others exist that may offer relief


http://floridaforeclosurefraud.com/wp-content/uploads/2014/05/004-Reply-brief-123823_131_07252013_03165966_e.pdf