blog: bartram affirmed by Florida Supreme Court. The Court then discussed eight post- Singleton cases that extended Singleton ‘s res judicata analysis to cases involving a statute of limitations defense, and concluded that the underlying reasons support both res judicata and statute of analysis. The Court then turned to the mortgage itself and the dismissal rule itself.
Law360, Miami (November 7, 2016, 2:08 PM EST) — A long-awaited decision from the Florida Supreme. of foreclosure suits in the state, attorneys say. The court on Thursday affirmed a Fifth District.
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Law360, Miami (November 3, 2016, 11:45 AM EDT) — The Florida Supreme. statute of limitations for filing a foreclosure suit, affirming a lower court’s decision in a closely watched case and.
I. The Opinion. From Res Judicata to Statutes of Limitations-the Fifth DCA Extends the Singleton Rationale: In Singleton, the Florida Supreme Court held that "a dismissal with prejudice in a mortgage foreclosure action does not necessarily bar," on the grounds of res judicata, "a subsequent foreclosure action on the same mortgage.".
Because we believe the issue we resolve is a matter of great public importance, we certify the following question to the Florida Supreme Court: Does acceleration of payments due under a note and mortgage in a foreclosure action that was dismissed pursuant to rule 1.420(b),
The Florida Supreme Court ruled that lenders can refile foreclosure cases against owners still in default, even if the cases started more than five years ago, outside Florida’s statute of limitations.
The recent decision of the Florida Supreme Court in Bartram v. U.S. Bank National Ass’n, 211 So. 3d 1009 (Fla. 2016), resolves the question of the application of the statute of limitations in the residential mortgage foreclosure context at issue here in favor of the Bank.
In an update to Kevin Stine’s June 6, 2014 article explaining the Georgia Court of Appeals decision. Supreme Court of Georgia the precise limitations and conditions precedent of O.C.G.A. §.
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