Bartram v. U.S. Bank National Ass'n
Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)
- Court
- Supreme Court of Florida
- Decided
- 2016-11-03
- Docket
- SC14-1265, SC14-1266, SC14-1305
What happened
A first foreclosure against Mr. Bartram was dismissed. Years later he argued the five-year limit barred any new foreclosure.
What the court decided
The Florida Supreme Court held that after an involuntary dismissal the parties return to the installment schedule, and each new default can support a new foreclosure within five years of that default.
Why it may matter to you
An honest limit: a dismissed case does not usually end the debt.
Why it might not apply
Florida law; Texas has its own acceleration and limitations rules.
Most useful when
- An earlier foreclosure against you was dismissed and the lender sued again
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)Short formBartram, 211 So. 3d 1009Draft — check it with free legal aid before you file or say it in court.
In Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016), the court held that after a foreclosure is dismissed, each later missed payment is a new default that can support a timely new foreclosure. Here, [say in one sentence what happened in your case]
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