Oral Argument heard on Bartram, what to expect?


Oral argument in the landmark Bartram case was heard by the Florida Supreme Court on November 4, 2015.  As you will recall, Bartram is the statute of limitations case that deals with whether a mortgagee is time-barred from foreclosing if its previous foreclosure was dismissed and more than five years has passed from the date the foreclosure was commenced.

What can we expect?  Well, with the amount of money at stake for the banks and homeowners likely in the billions of dollars, we can expect the court to take its time and consider the issues carefully.  Six months or more is not an inordinate amount of time for the Florida Supreme Court to render a ruling on a case of this magnitude.  That having been said, it has already been five months, so a ruling could come any day now!

For those you interested in watching the video of the oral arguments, click here.

It seems some of the Supreme Justices are leaning toward Bartram and some are leaning toward U.S. Bank, N.A.  The ruling, when it comes, will not likely be unanimous.

If you or your client has property that was the subject of a dismissed foreclosure that was begun more than five years ago, call our office on (30) 278 0811 for your free consultation.

At the Bankruptcy Law Offices of James Schwitalla, P.A., our Miami bankruptcy lawyers have been committed to helping people get debt relief through bankruptcy for over 18 years. Contact us to learn more about consultations with a Bankruptcy Attorney.