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Bartram and its Aftermath Webinar

Wednesday September 20
2017

  • By: Florida Legal Services, Inc.
  • Time: 12:00 PM - 1:00 PM
  • CLE Credit
  • Location:
    Tallahassee, FL
  • Contact:
    Kathy Grunewald
    Florida Legal Services
    4078014718

Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), holding that a lender is not barred from filing a subsequent foreclosure action based on a payment default after a first foreclosure action is involuntarily dismissed, provided that the subsequent default occurred within five years of the newly-filed action. The court limited its holding to cases that were involuntarily dismissed and where the mortgage at issue contains a clause granting the mortgagor the right to reinstate after acceleration. However, the court determined that whether the initial foreclosure action was dismissed with or without prejudice was immaterial to its conclusion. Id. at 20. This webinar will explore the aftermath of that decision.

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