Yesterday in Bartram v. U.S. Bank National Association, the Florida Supreme Court repeatedly quoted Miami attorney Andrew Bernhard in answering “a question of great public importance” in the banking and lending sector. For more information on the Bartram decision or banking and contractual disputes, please contact Bernhard Law Firm at www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com.
The Supreme Court’s opinion is attached here:
The Florida Supreme Court quoted Andrew Bernhard on pages 27 and 33 of its opinion. Andrew Bernhard‘s white paper on mortgage deceleration is published here: Deceleration: Restarting the Expired Statute of Limitations in Mortgage Foreclosures.
As certified from multiple appellate district courts, the Florida Supreme Court answered whether acceleration of payments due under residential notes and mortgages triggers application of the statute of limitations and prevents later foreclosure. The Court had analyzed briefs from the parties, along with those from The Real Property Probate & Law Section of The Florida Bar, The Business Law Section of The Florida Bar, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the U.S. Financial Network, the Mortgage Bankers Association, the American Legal and Financial Network, the Florida Alliance for Consumer Protection, the Community Association Institute, and the National Association of Consumer Advocates, among others.
However, in Justice Lewis concurrence, the Florida Supreme Court repeatedly quoted Andrew Bernhard’s white paper publication “Deceleration: Restarting the Expired Statute of Limitations in Mortgage Foreclosures” to highlight evidentiary concerns on how to determine the manner of mortgage reinstatement and occurrence of subsequent and separate defaults. See Bartram v. U.S. Bank National Association at *27 and 33. The Court resonated Andrew Bernhard’s position that “just as the courts should not encourage mortgage delinquency, so too should they avoid encouraging lenders from abusing Florida law and Floridians by ‘retroactively reinstating’ mortgages after many of those lenders initially slept on their own rights to seek foreclosures.” See Bartram v. U.S. Bank National Association at * 33.
For more information on the Bartram decision or banking and contractual disputes, please contact Bernhard Law Firm at www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com
During his law career, Andrew Bernhard has represented national real estate developers, financial institutions, and corporations in their complex commercial, consumer finance, and real estate development matters. In recognition for his work, Super Lawyers magazine designated Andrew as a Rising Star, which is awarded to less than 2.5% of Florida lawyers. The Florida Bar Journal selected Andrew’s white paper on real estate contract deceleration for publication. Litigants have cited his writings in briefs to the Florida Supreme Court and Florida Third District Court of Appeal. The New York Times, Bloomberg Businessweek, and Automotive News have interviewed and quoted Andrew for his position on high-profile contract disputes.
Before establishing Bernhard Law Firm, Andrew Bernhard litigated trials and appeals for Rivero Mestre LLP, handling commercial, finance, and banking disputes. Andrew represented national financial institutions in their escalated litigation matters ranging from violation of federal business and banking statutes, preservation of bank-owned real estate, defending securities fraud claims, and negotiating director and shareholder settlements. Prior to Rivero Mestre, Andrew Bernhard represented Florida communities and national real estate developers in real estate litigation and transactional matters. He also worked under Edwin G. Torres, United States Judge for the Southern District of Florida, and at the San Diego County Public Defender’s Office.
Andrew Bernhard was born and raised in Boulder, Colorado. At age 17, Andrew moved to Costa Rica and later to Mexico. He returned to attend the University of Arizona, where he received a bachelor of science in biology and chemistry. Afterwards, Andrew taught business professionals in Buenos Aires and Milan for Repsol, BASF, American Express, Pfizer, and Phillips, working abroad for several more years. He has traveled to more than 45 countries on six continents.
Andrew Bernhard graduated magna cum laude from the University of Miami School of Law where he served as Executive Chair for the International Moot Court Board and received the CALI Excellence Award for International Moot Court. His professors named him a Dean’s Fellow for constitutional law, property, and legal research and writing, and granted him honors in Business Associations and Litigation Skills. The University of Miami School of Law awarded Andrew Bernhard the John F. Evans Memorial Scholarship for excellence in Litigation Skills.
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