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Facing Re-Foreclosures Due to Bartram

By Oppenheim Law on Deficiency Judgments, Florida Law, Foreclosure, Real Estate & Roy Oppenheim

Hi, this is Real Estate and Foreclosure Defense Attorney Roy Albinheim. I want to talk a little bit today about what’s going on in the foreclosure jurisprudence in the state of Florida, now that we are in the beginning of the second quarter, and we’re seeing some very interesting things. Number one, what we’re seeing is a lot of folks are being re-foreclosed on, not just a second time, but a third time, because of Bartram. And basically, folks who thought that they were protected by Bartram, by the five year statute of limitations, are now learning based on Supreme Court decision, that in fact they’re not. There’s some interesting issues that are coming out, and that is, what happens if a case had, in fact, been dismissed, with prejudice, because the five year statute of limitations had expired based on a trial court’s determination, and the bank never appealed that decision? And so now banks, several years after the fact, are coming back saying, “Well, the judge made a mistake, and so we’re still entitled to re-foreclose.” We’re not sure if they’re entitled to re-foreclose when a prior judge issued an order that has not been appealed. And we’re going to have a lot of these out there, but banks think that they can run roughshod over folks like you, and we’re not going to let them get away with it. So, if in fact you’re seeing a second or third foreclosure, and you feel like you’re in some sort of horror movie, like a zombie movie, or <i>The Night of the Living Dead</i>, where they just keep coming after you over and over again, just call us and we’ll figure it out for you. Roy Albinheim from the trenches. Have a great day.