Q: In Port St. Lucie recently openheimer law won a foreclosure case with a statue of limitations defense despite the supre
Supreme Court ruling in Bartram as of yet. My question is if the home owners can sell the house and keep the money. What's stopping them? I am in the same situation. I won my case against the bank and am now way outside the statue of limitations. Will I need to go to court to free up the lien against my house so I can sell it?
A:
As I read the DCA opinion in Bartram, the lower court "freed up" the mortgage lien, but the DCA over-ruled it. Did the District Court similarly annul the mortgage in your case?
If so, sure, you could sell the house, but any buyer would be foolish to pay anything like fair market value until Bartram is decided by the Florida Supreme Court.
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