Facing Re-Foreclosures Due to Bartram

Facing Re-Foreclosures Due to Bartram

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Hi, this is Real Estate and Foreclosure
Defense Attorney Roy Oppenheim. 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, orThe Night of the
Living Dead
, where they just keep coming after you over and over again, just
call us and we’ll figure it out for you. Roy Oppenheim from the
trenches. Have a great day.

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