Foreclosure & Bankruptcy Filings Expected to Rise after Recent Florida Supreme Court Decision

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By Anne-Marie L. Bowen, Esq. and Alexander H. Bowen

The Florida Supreme Court recently ruled on a monumental case that will allow lenders to refile foreclosure actions that were previously involuntarily dismissed, even though the five-year statute of limitations has run on the prior default. In Bartram v. U.S. Bank, N.A., SC14-1265, 2016 WL 6538647 (Fla. Nov. 3, 2016), the Florida Supreme Court held that a mortgagee/lender’s acceleration of debt due under a residential note and mortgage with a reinstatement provision, in a foreclosure action that was involuntarily dismissed . . .

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