Florida Foreclosure Mills Got Bailed Out By The Florida Supreme Court
The Florida Supreme Court’s Bartram Decision Was Nothing More Than A Bailout For Florida Foreclosure Mills
Homeowners began beating Florida foreclosure mills about five years ago. Thus, they were able to keep their home mortgage-free. However, they were winning because of some dramatic court showdown reminiscent of Roe v. Wade or Brown v. Board of Education.
The argument was a pretty simple one and it started an avalanche of homeowner victories across Florida.
Florida foreclosure mills and Florida courts had a backlog of foreclosure cases because of the financial crisis. It also didn’t help that David Stern’s office went belly up. The mismanagement of foreclosures cases handled by foreclosure mills was common throughout Florida.
Then one day a foreclosure defense attorney had an idea. He argued that lenders were only allowed to file a foreclosure case against a homeowner within five years of sending them a letter of acceleration letter. The lawyer cited Florida’s statute of limitation law on contracts as the basis for his argument. He won.
The argument soon spread like wildfire through Florida. The argument also survived multiple appeals by Florida foreclosure mills as multiple District Court of Appeals upheld the argument. That was until the 5th DCA in Orlando bucked this trend. The court claim mortgages were not contracts in the Bartram decision.
The Florida 5th DCA gave Florida foreclosure mills an opening to one last gambit to stop the avalanche of homeowner victories – the Florida Supreme court.
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