Florida Supreme Court Gives Final Word on Bartram and Foreclosure Refiling

Posted By on May 16, 2017

Last fall, we discussed the Florida Supreme Court’s decision in the Bartam case relating to foreclosure lawsuit deadlines Our article explains in detail the Supreme court’s opinion and it’s practical effect on foreclosures in Florida. Specifically, the case addressed the issue of the lawfulness of a mortgage holder refiling a foreclosure lawsuit, as well as other related issues (including the application of Florida’s Statute of Limitations).

However, the decision was not final. That’s because the borrowers asked the Florida Supreme Court to reconsider their ruling by filing a “motion for rehearing” of the matter.
 
Seal of the Supreme Court of Florida

 

What Is A Motion For Rehearing?

In a motion for rehearing, a moving party (in this case, the Plaintiff) is required to address with particularity the points of law or fact that, in its opinion, the court has overlooked or misapprehended in its decision. See Florida Rules of Appellate Procedure – Fla. R. App. P. 9.330.

Until a court rules on a rehearing motion, a case is not final. However, once a decision is final, it becomes the law of the land and is legally binding on all those owning real estate in Florida.

Read: Court Procedures That Can Delay Foreclosure

What Happened With The Motion for Rehearing in Bartram?

On March 16, 2017, the Florida Supreme Court denied the Motion for Rehearing filed in the Bartram case. Read it here.

However, the Florida Supreme Court did issue a “corrected” opinion in the case. The correction only involved adding names of some lawyers who were representing parties in the case. (See the Notice of Correction here..)

This means that the ruling made by the State’s Highest Court back in November still stands and it is now settled law in Florida that a bank can refile a foreclosure lawsuit even when a prior case has been dismissed.

Do You Have A Question About A Foreclosure Lawsuit?

If you are facing a foreclosure in Florida, a good piece of advice is to talk with an experienced Florida real estate lawyer to learn about the legal defenses that are available to you. Most real estate lawyers, like Larry Tolchinsky, offer a free initial consultation (over the phone or in person, whichever you prefer) to answer your questions.

The Bartram opinion does not mean that the bank automatically wins its foreclosure suit.

For more on foreclosure defenses and related issues, see our prior discussions:

 

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Do you have questions or comments? Then please feel free to send Larry an email or call him now at (954) 458-8655.

 
 
 
 
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