— The Florida Supreme Court on March 16 denied a motion for a
rehearing in Bartram v. U.S. Bank, a case that deals with foreclosure
that the opinion in the 2016 case stated that if there is an
involuntary dismissal of a foreclosure in a foreclosure case, a
follow-up foreclosure action can be filed. The heart of the question
in that case was if that follow-up filing could be done to accelerate
the debt involved in a mortgage foreclosure.
surprised if this resulted in any changes to the bankruptcy code
because of its (a change in the code) potential national impact,”
Professor Theresa Pulley Radwan of Stetson University College of Law
told the Florida Record.
The decision is an especially
important one for lending institutions in the state. They now have a
from which to work in times when a foreclosure must be filed even in
circumstances when previous foreclosure actions have been
While this ruling has the potential to affect all
Floridians, Radwan is not surprised that most are not even aware of
“(I don’t think) the general public
gives a tremendous amount of thought to cases like this,” she said.
“People are only really interested in a statute of limitations like
this if they’ve been or are involved in a foreclosure
Is this decision the final word? Radwan believes it
“We see with this decision that the
Florida Supreme Court has spoken and essentially spoken again. This
means, that at least in terms of the court system, this narrow
question has been answered,” she said. “There are questions that
come as a follow up to this decision, but this narrow question is
Lewis Brook Bartram, the Plantation at
Ponte Vedra, and Gideon M.G. Gratsiani were the petitioners.