Finally, on November 3, 2016, the Bartram v. U.S. Bank, N.A. case was decided by the Florida Supreme Court.  The Bartram court decision was in favor of banks and against mortgage delinquent homeowners.   In Bartram, The Supreme Court ruled in favor of lenders in an almost unanimous decision about whether borrowers can stay in their homes.  The Bartram decision determined that mortgage lenders can file new foreclosures against borrowers who won their cases more than five years ago, if the borrower defaulted again within five years of the first case’s dismissal.  That is, if the case was dismissed on the merits, and the borrower has still not make a  payment, then the bank can foreclose again, even if five years has passed since that dismissal.

In the Bartram case, the homeowner argued that the banks were limited by the statute of limitations, which is five years.  The Supreme Court however, carved out an exception to the five year statute of limitations.  The Supreme Court ruled that if the borrower had not paid the mortgage in over five y ears, then the bank could still foreclose.

If you are a homeowner whose foreclosure was previously dismissed and the bank has not started a new foreclosure against you, or if your case is pending before the court, it is imperative that you speak to and hire an attorney to assist you.

This Bartram decision rules in favor of lenders, however, homeowners can still defend the foreclosures on numerous other grounds and if the intention is to save the home, find the manner to do so.

We are here to help.  At the Law Offices of Jacqueline A. Salcines, PA, attorney Jacqueline Salcines has been helping homeowners with their mortgage needs since 1999, and since the mortgage crisis happened in 2009, has handled over 5,000 short sales and loan modifications.  Attorney Salcines holds a dual degree in Law and Accounting, and is extremely knowledgeable in deciphering mortgage documents, assignments, mortgages, and defending foreclosures, as well as loan modifications, deeds in lieu and short sales.

Allow our experience to go to work for you.

Call us today.   305.669.5280 Or visit us as  http://WWW.SALCINESLAW.COM