Industry Alert – Florida Supreme Court Rules on Bartram v. US Bank, NA.

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The Ohio Supreme Court in Deutsche Bank Nat’l Trust Co. v. Holden ruled that an action to collect on a note is separate and distinct from an action to foreclose on a mortgage. JOHNSON vs DEUTSCHE BANK TRUST COMPANY | FL 2DCA- the evidence of its standing as an owner or holder of the Johnsons’ promissory note was insufficient to sustain a.

“Precedent, prudence, and common sense all caution strongly against permitting Ambac to proceed on yet another front – at least for the time being,” the bank said. “The Supreme. v. U.S. Bank NA,

In the summary judgment, the court quieted title in Bartram, found the Bank had no further ability to enforce its rights under the note and mortgage that were the subject matter of the Bank’s dismissed 2006 foreclosure action, and cancelled the note and mortgage. The court released the Bank’s lien on the property.

The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. The decision resolves a long standing controversy regarding the effect (if any.

In Friday’s ruling in U.S. Bank National Association vs. Patricia J. Bartram, et al, the key issue was when the clock started ticking on the five-year deadline. Many foreclosure defense attorneys agree that happens at the time of "acceleration" – when the bank decides after a series of missed payments that the entire loan amount is due.

Florida Court Withdraws Beauvais and Issues Two New Statute of Limitations Decisions Blog mortgage banking blog. The Third District Court of Appeal now recognizes that that the Florida Supreme Court’s decision in Singleton v. Greymar Associates, 882 So.2d 1004 (Fla. 2004) (holding that "successive foreclosure suits,

The slightly conflicting law in each district is of great concern to lenders, until the florida supreme court rules on Bartram. For background, the Bartram case is challenging the application of the statute of limitations to mortgage foreclosure cases. Specifically, there are three (3) local district appellate court decisions in contradiction with the application of the statute of limitations when a mortgagee decides to accelerate a debt and call it due and payable.

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