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U.S. BANK NATIONAL ASSOCIATION vs BARTRAM: The Beginning of the End of The Five Year Statute of Limitations in Florida

4closureFraud's picture




 

Supreme Court

 

“Right now, this opinion is law of the land,” Ice said. “For homeowners, it means there is no end in sight to the litigation.”


Appeals court tosses five-year foreclosure deadline... For now...

Can't wait until the hedge funds, investors and third party purchasers who bought homes under the preface that the 5 year SOL issue barred a subsequent foreclosure based on FL Statute 95.11(2)(c) to start losing their ass on this decission.

Courts working backwards to get to a predetermined outcome never makes good law.

From The Palm Beach Post..

A Florida appeals court crushed the hopes of hundreds, if not thousands, of defaulted homeowners Friday in a benchmark decision on how the state’s five-year foreclosure deadline is interpreted.

With the first serious wave of foreclosures now six years past, some borrowers with aging or abandoned cases were counting on a common contract law that says a person has five years to sue on a debt or give up the right to collect.

...

In Friday’s ruling in U.S. Bank National Association vs. Patricia J. Bartram, et al, the key issue was when the clock started ticking on the five-year deadline. Many foreclosure defense attorneys agree that happens at the time of “acceleration” — when the bank decides after a series of missed payments that the entire loan amount is due. That typically occurs when the foreclosure is filed with the court.

Bartram’s foreclosure was filed in May 2006 by the Law Offices of David J. Stern, which closed in March 2011 after allegations of wrongdoing. In May of 2011, the court dismissed the foreclosure after the bank missed a case management conference.

...

Eventually, the court canceled the note and mortgage and said the bank could no longer enforce its right to collect the debt.

But on appeal, it was decided the five-year deadline to collect started anew when each mortgage payment was missed. That essentially means the bank is under no deadline to refile for the life of the mortgage, plus five years, said attorney Mike Wasylik, who represents Lewis Bartram. Lewis and Patricia Bartram are divorced.

...

Prominent Royal Palm Beach foreclosure defense attorney Tom Ice said for homeowners in foreclosure litigation, “the news doesn’t get much worse” than Friday’s decision.

He believes it will result in an increase of banks restarting old cases or dismissing flawed cases to start over with new paperwork and pleadings.

“Right now, this opinion is law of the land,” Ice said. “For homeowners, it means there is no end in sight to the litigation.”

~

From the 5th District Court of Appeals in Florida...

Because we believe the issue we resolve is a matter of great public importance, we certify the following question to the Florida Supreme Court:

Does acceleration of payments due under a note and mortgage in a foreclosure action that was dismissed pursuant to rule 1.420(b), Florida Rules of Civil Procedure, trigger application of the statute of limitations to prevent a subsequent foreclosure action by the mortgagee based on all payment defaults occurring subsequent to dismissal of the first foreclosure suit?

I can only guess how the SCOF will rule on this "matter of great public importance."

Full opinion from the 5th Disctrict Court of Appeals on the SOL can be read here...

www.4closureFraud.org

 

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Sun, 04/27/2014 - 13:22 | 4701217 Seasmoke
Seasmoke's picture

Sounds like debtor prisons are back Bitchez !!!

 

I will take a 30 year under house arrest.....

Sun, 04/27/2014 - 13:04 | 4701180 SmilinJoeFizzion
SmilinJoeFizzion's picture

They wanted to cut all our citrus trees down bc they claimed canker would infest the commercial grooves. Just more government overreach. Probably got a big kickback from the large groves. And don't even get me started on Big SUGAR down there. They own the state.

Sun, 04/27/2014 - 12:59 | 4701166 SmilinJoeFizzion
SmilinJoeFizzion's picture

All the crazy shit happens in Florida.

Sun, 04/27/2014 - 12:27 | 4701109 Comte d'herblay
Comte d'herblay's picture

http://www.nytimes.com/2014/04/27/business/from-outside-or-inside-the-de...

 

 

The only two women who seem to get it, and one of which, Gretchen Morgenstern, should get 5 pulitzers for each of the last 5 years,  for never letting us forget who are the real criminals in this country. 

 

Sun, 04/27/2014 - 11:36 | 4701033 WTF_247
WTF_247's picture

This is essentially another form of debtor's prison.  If the banks are simply able to keep the loan on the books at full value (thanks to removing FASB rules in 2009), not collect any money AND get free money from the Fed to help them do so, there is NO incentive to ever clear the books at all.  They can leave it there indefinitely.  A simple monthly statement stating what you owe is all that is necessary.

What this means is your house, unforeclosed, will sit in your name for 30+ years or more but you do not retain possession to it.  

I am certain the banks will use their full power to kick you out but then do nothing.

 This means the debt stays on your credit forever essentially.  This means that almost no matter what you do, how much you save you will NEVER be able to purchase another home unless you pay 100% cash.  After all, you already have the debt from one house that will never go away.  Car loan - good luck unless you like 12%-15% interest.  The best part is the banks will likely then use your new purchase of a home (for those that are able to save) for cash as a reason to sue you (you now have assets) - they will try to attach the debt of the old to the title of the new home in whatever states would allow them to as a lien.  And I am sure the courts will just rubber stamp it.

Sun, 04/27/2014 - 12:24 | 4701093 Jumbotron
Jumbotron's picture

I've lived here 20+ years and have seen this state slowely but surely turn into a haven for the 1% and the .01%.  And to make matters worse.....the middle class of Florida is getting squeezed out of existence between policies such as these that help the banks......policies that help big business only.....(example of which are "Growler" laws designed to hurt craft brewers in Florida and continue to enrich the distributors and the multi-national brewerys such as Anheuser Busch).....and labor opportunites going into the shitter due to illegal aliens.  In fact, you can see how as a consequence of laws written to benefit the 1% you see an increase in illigal aliens in the labor pool.  Big business....supported mainly by Republicans want cheap wage slave labor.  Democrats want an increase in their voter base.  Illegal Aliens satisfies both angles.

As a ground zero (that title has changed hands between Florida, Nevada and California over time....but we are still right up there in the top 3) for the mortgage disaster.....it was inevitable that Florida would side with the banks......for they are the life blood and engine for "growth" in Florida.....as in the U.S. and all over the world.  They are our overlords.....not the politicians we "elect".

The courts are stuffed with political appointees and if they are elected their campaigns were funded by the 1% and the banks.  It only stands to reason that the courts will eventually side with their overlords over time.

Sun, 04/27/2014 - 12:53 | 4701153 Vendetta
Vendetta's picture

Corporatism is not just for breakfast anymore

Sun, 04/27/2014 - 11:15 | 4700989 kaiserhoff
kaiserhoff's picture

Missing something here.

Florida is a non-recourse state for owner occupied first mortgages, so what's the problem?

Seconds?  Refis?  Where is this kicking in?

Sun, 04/27/2014 - 10:12 | 4700916 El Vaquero
El Vaquero's picture

Florida is bad when it comes to any sort of debt collection.  They just rubber stamp shit, because, you know, in this system that is slanted towards bankers that requires sustained growth that is not going to happen, people should pay their debts.  Even though it is going to be impossible.  Fucking ponzi schemes.

Sun, 04/27/2014 - 10:41 | 4700960 chemystical
chemystical's picture

By comparison, a debt collector needn't sue you on a timely basis in order to preseve the right to collect.  Instead they need only continue sending you monthly "payment due notices".  Each time you do not pay on that notice the clock restarts. 

That was not the intent of these laws, and the FL Supreme Court is frustrating that intent while carrying water for debt holders.

Bankruptcy laws have been modified by an increasing number of states.  Not too long ago Student Loans were ruled non-dischargeable via bankruptcy.

Welcome to the Brave New World of the Debt Serf.  Sins of the father...?  Try debts of the father.  That's next and is gaining ground.

Sun, 04/27/2014 - 09:10 | 4700847 MFL8240
MFL8240's picture

Whatever the courts can do to hurt the American people and insulate courrpt gangsters in the banking industry is what the final outcome will be.

Sun, 04/27/2014 - 08:54 | 4700823 Hannibal
Hannibal's picture

A game home owners can't "wiin". Just walk away and fuck it!

Sun, 04/27/2014 - 10:12 | 4700917 TPTB_r_TBTF
TPTB_r_TBTF's picture

DonT just walk away. Take the copper piping with you!

Sun, 04/27/2014 - 10:55 | 4700975 neidermeyer
neidermeyer's picture

You take the copper a week before the sale date and let everything get wet and moldy. On the date of the sale , in the hour before bids are entered you chainsaw through the roof rafters and if a multi-story home the floor joists ... document the time with 2 reliable friends/neighbors and yellow tape the front door "danger do not enter" ... the bank will bid and pay the doc stamp fees and be left with a house that can only be demo'd at the banks expense.

I guarantee this will help you walk away feeling at least a bit better.

 

Sun, 04/27/2014 - 08:53 | 4700822 Latitude25
Latitude25's picture

I paid $70k cash for my house in FL in 2009.  I had to save frugally for 1 year to afford it.  I'm tired of big bank con jobs.  Time for a break for the little guy.  Yeah.  Just give them their houses if they've been struggling to hold on.

Sun, 04/27/2014 - 08:10 | 4700757 pc_babe
pc_babe's picture

Witness the abuse the likes of a GREENTREE is allowed to wreak on these souls that is paid for by the US Govt and Fannie Mae after GMAC, Countrywide, AIG and BofA etc ... get 100 cents on every dollar of debt they underwrote to bailout their fraud.  Meanwhile, more taxes dollars are demanded to criminalize the very people they tax. 

Sun, 04/27/2014 - 08:07 | 4700753 flacorps
flacorps's picture

Acceleration makes all payments instantly due. How then can a court say they keep coming due years later? 

Sun, 04/27/2014 - 08:39 | 4700799 Winston Churchill
Winston Churchill's picture

Acceleration is the Statutary Demand for payment under the UCC.
First we kill all the lawyers.As most politicians are lawyers, its a twofer.

Sun, 04/27/2014 - 09:52 | 4700892 Ned Zeppelin
Ned Zeppelin's picture

You can count on a IPad for a DP, every time.

Sun, 04/27/2014 - 09:51 | 4700891 Ned Zeppelin
Ned Zeppelin's picture

UCC doesn't apply. And Mr. Ice, a lawyer, has been holding off these bloodsucking banks.

Many lawyers, such as myself, do not Work For The Clampdown.

Sun, 04/27/2014 - 08:13 | 4700760 Pee Wee
Pee Wee's picture

Ha ha, silly fool - because its not a court, it's Kangaroo Kourt Incorporated.

Heads Inc wins, tails you lose.

Sun, 04/27/2014 - 07:18 | 4700694 AdvancingTime
AdvancingTime's picture

Its not just delinquent subprime loans that are creating havoc with America’s economy, the crux of the problem facing us today lies in the real value of assets these loans represent. The factor that many people fail to consider is the dreadful carrying charges that Real Estate generates as it sits in a sour state, often vacant it tends to receive little or no maintenance and  it spoils like a basket of fruit growing  worse by the day. Legal costs, taxes, insurance and an illiquid market for dilapidated real estate needing  expensive repairs mean this problem will linger and effect the market for several years. For more on this subject see the article below.

http://brucewilds.blogspot.com/2012/01/mess-that-is-built-to-linger.html

Sun, 04/27/2014 - 07:27 | 4700674 Winston Churchill
Winston Churchill's picture

Truly a nation of men ,not laws now.
Florida statutes are clear.I just don't see how they could
Hold/rule thus.This will effect all contract law if its
upheld by the Florida Supreme court.The implications
are huge.
Welcome to the banana republic of the USSA.

Sun, 04/27/2014 - 08:16 | 4700766 Pee Wee
Pee Wee's picture

Mission Accomplished.

From TARP to record bonuses in the land of the lawless, all on your dime.

Dont forget no one saw a thing.

Sun, 04/27/2014 - 09:17 | 4700853 Winston Churchill
Winston Churchill's picture

Just as an aside.
That appellate courthouse is on Palm Beach Lakes Blvd.
It sits on the outskirts of the ghetto where it borders commercial office space.
It looks like an alien species deposited it there whilst they were drunk, so this holding is about what you would expect.

Sun, 04/27/2014 - 10:39 | 4700953 gobsmack
gobsmack's picture

You refer to the 4th District, the opinion is out of the 5th.

Sun, 04/27/2014 - 10:46 | 4700967 Winston Churchill
Winston Churchill's picture

Damn, did they clone those building.It identical to the one I drive by on my way to Palm Beach.

Sun, 04/27/2014 - 13:03 | 4701176 gobsmack
gobsmack's picture

The 5th is in Daytona. You're right about the little brick courthouse on the edge of the ghetto on Palm Beach Lakes being an appellate court but it's the 4th. Unfortunately the opinion out of the 5th is controlling on the whole state unless disagreed with by another appeals court or else reversed by the supremes.

Sun, 04/27/2014 - 04:01 | 4700596 dogfish
dogfish's picture

I dont get it, are these people supposed to get a free house?

Sun, 04/27/2014 - 07:20 | 4700702 Winston Churchill
Winston Churchill's picture

So its OK for TBTF to get $40bn per month in free money ?

Sun, 04/27/2014 - 11:51 | 4701054 dogfish
dogfish's picture

No! they still dont deserve a free house.

Sun, 04/27/2014 - 10:41 | 4700958 neidermeyer
neidermeyer's picture

$85Billion/month

Sun, 04/27/2014 - 07:44 | 4700721 Comte d'herblay
Comte d'herblay's picture

Up until 2008, I would have sided with anyone who took the masses to court, the great unwashed, the underclass, and many in the middle classes for not paying their bills, taking on obligations they could ill afford, and otherwise acting like they were entitled to something. Ditto with welfare queens, and cheats scamming the social contract.

No More. 

While it exacerbates the problem of the national debt when welfare cheats get to live free for X generations, and particklerly, those low income folks who signed on for ARM loans, and other detritus in the Mortgage Banking Fraud, No Doc loans, perpetrated by Angelo Mozillo and his confreres in the galalctic rip off known as "Mortgage Backed Securities", and their derivatives, made worse by the  CDOs perpetrated by AIG's Joe Cassano, and Dickie Fuld among the many others------until ALL the trillions that these few were permitted to keep for their unconscionable criminal actions, I don't care who gets away with anything in the 99%.

If I could invent a way to participate, and it was in the many millions, I would do it, too.

No ink should be spared going after the 1% who are STILL getting $75 billion a month to remain solvent and/or prosperous, living like Midas, for doing nothing, The Ultimate Welfare Scam,  Until the daily news is rife with investigations, accusations, grand jury indictments, guilty verdicts rendered, and Joe and his accomplices are firmly behind bars unto every cent is paid back, Plus 10 years for punitive reasons like wasting our time, until that day greets me in the morning, the rest of these stories about the 99% getting some trifling amount of 'free beer', I am totally with you on your stance.  

My only criticism is you have the wrong amoung that they are getting. 

 

 

Sun, 04/27/2014 - 10:49 | 4700965 RaceToTheBottom
RaceToTheBottom's picture

It really hard for anyone with a brain to continue to harp against the poor SOBs, regardless of how they got poor and work to maintain it, when the Bnanksters who control everything have gotten off Scott free. 

Why is COrzine not in jail?  Any rudimentory understanding of the law means he should be in jail.   And nothing...  The SEC is nonexistant, the FBI is nonexistant, the CIA is causing trouble around the world, the NSA is the only functioning orgn, and they are aimed are recording US citizens....

 

It really is hard to remain being positive in such a pathologically criminal world

Sun, 04/27/2014 - 08:31 | 4700773 Pee Wee
Pee Wee's picture

"Until the daily news is rife with investigations, accusations, grand jury indictments, guilty verdicts rendered, and Joe and his accomplices are firmly behind bars unto every cent is..."

What daily news?  You talking about the mouthpieces of Facsism paid by the nameless/faceless?  Good luck with that.

When bankers/traders and brokers swing from lightposts you will know a change is afoot.  Relying on broken monetized [lawless] courts is simply not realistic..  

Sun, 04/27/2014 - 11:07 | 4700979 Comte d'herblay
Comte d'herblay's picture

I know, which is why I believe that stories about some schmoe getting away with a few tens of thousands carry no sway with me.

I am hard at work concoctin my own scheme to get something of a fraction of that the Jewish Mafia on Wall Street has been betting away with, while that one tribe is gaining ever more control and power in our government and others thruout the world.

Don't call it a conspiracy is you don't like that idea, but it is. Greenspan, Bernanke, Yellen, Geithner, Lew, Orszag, and on and on and on.....

My realism is intactl; I know those perps will never see so much as subpoena delivered with an apology for the inconvience.

 

 

Sun, 04/27/2014 - 07:45 | 4700725 Winston Churchill
Winston Churchill's picture

Just the RMBS purchase figure as we were talking housing ,not UST monetization.

Sun, 04/27/2014 - 11:07 | 4700980 Comte d'herblay
Comte d'herblay's picture

I see no difference in them They equally fraudulent. And the FED is behind both.

Sun, 04/27/2014 - 07:11 | 4700696 Squid-puppets a...
Squid-puppets a-go-go's picture

its a case to case thing, but yes, some of them do deserve to own their house without paying anything further

some of them have paid far more in repayments - up to the point they stopped - than they were led to beleive would be the case, from nasty fine print in loan agreements deliberately more complex than joe sixpack could be expected to comprehend.

They were also told by almost all pundits in unison that their house values would always go up and never drop. The MSM championed this and did not do its job as independent 4th column to warn people to be more prudent.

I'll reverse the question and put it back to you: I don't get it, are these banks supposed to get a free house? After having already received tens or hundreds of thousands of dollars in payments and interest for them prior to default?

If you have any hope of restoring the 70% of US GDP that consumption is, you will side with the little people here and help main street back on its feet

dont give us shit about 'moral hazard' when the banksters have suffered exactly zero for wilfully exploiting the moral hazard opportunities made available to them

Sun, 04/27/2014 - 09:44 | 4700881 Save_America1st
Save_America1st's picture

not to mention the banks have been bailed out to the tune of hundreds of Billions, if not a Trillion+ with printed dollars at the taxpayers expense as well as 10's of Bllions a month to buy the toxic MBS debt that they created.  But now they want to steal all the property as well as force people to hand over what little money they have left while also losing the house. 

I think we might see an acceleration of bankster "suicides" by nail-guns in Florida after this...and lawyers too.

Sun, 04/27/2014 - 07:06 | 4700691 wintermute
wintermute's picture

Yes. If the bank does not act within the law.

 

Sun, 04/27/2014 - 08:30 | 4700789 Pee Wee
Pee Wee's picture

Money IS the law, bro.

Sun, 04/27/2014 - 03:51 | 4700587 laomei
laomei's picture

Haha, so, if you're a bank and demand payment that resets it I guess.  That flies in the face of every bsaic understanding of SOL.  Well, I guess SOL was just another one of those "nice things" that gave normal people a leg up now and again, makes sense that they killed it.

 

I wonder what the SOL is for judges being paid off... I'm sure that will stand an eternity and be about as long as it takes a check to clear.

Sun, 04/27/2014 - 10:07 | 4700913 Payne
Payne's picture

All of this kills using Real Estate as a future asset bubble.  The remant ideas exist but they will not be able inflate this bubble again.  It will be cheaper to argue in court, tough yes.

If they had given up and reset, then the bubble could have started over again.  Too busy fighting over the scraps. !

Sun, 04/27/2014 - 08:29 | 4700777 Pee Wee
Pee Wee's picture

The only thing different between "judges" and Fascist cock sucking lawyers is the venue.  One is in front of the bench the other behind.  So to pay them off, switch places.

Courts are totally meaningless in the land of monetized-justice, TBTJ and citizens united.  

You should have already kissed your republic goodbye because it's long gone.   Justice is at the barrel of a gun, nothing less in the lawless USA Inc..

Sun, 04/27/2014 - 09:24 | 4700863 RaceToTheBottom
RaceToTheBottom's picture

How is justice have anything to do with guns?  There was no guns mentioned in this article.  Are you saying that the 5 year ruling is invalidated if you have a gun.

This site makes me laugh.... if I wasn't crying so much.

Sun, 04/27/2014 - 09:40 | 4700879 Spumoni
Spumoni's picture

Time for Cliven and the Militia to ride into Flawida and set things rite...is ANYBODY really surprised that there are corrupt lawyers and judges and city councils and county commishes and senatards and congresstards and Gubnahs in Flawida? REally? Until the people riot and burn an few of these bastards in the street, there will be no end to the oppression. Trouble is, down theah, nobody can get off the couch to protest.

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