Florida Statute 95.281 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.281

95.281 Limitations; instruments encumbering real property.—

(1) The lien of a mortgage or other instrument encumbering real property, herein called mortgage, except those specified in subsection (5), shall terminate after the expiration of the following periods of time:

(a) If the final maturity of an obligation secured by a mortgage is ascertainable from the record of it, 5 years after the date of maturity.

(b) If the final maturity of an obligation secured by a mortgage is not ascertainable from the record of it, 20 years after the date of the mortgage, unless prior to such time the holder of the mortgage:

1. Rerecords the mortgage and includes a copy of the obligation secured by the mortgage so that the final maturity is ascertainable; or

2. Records a copy of the obligation secured by the mortgage from which copy the final maturity is ascertainable and by affidavit identifies the mortgage by its official recording data and certifies that the obligation is the obligation described in the mortgage;

in which case the lien shall terminate 5 years after the date of maturity.

(c) For all obligations, including taxes, paid by the mortgagee, 5 years from the date of payment. A mortgagee shall have no right of subrogation to the lien of the state for taxes paid by the mortgagee to protect the security of his or her mortgage unless he or she obtains an assignment from the state of the tax certificate. Redemption of the tax certificate shall be insufficient for subrogation.

(2) If an extension agreement executed by the mortgagee or the mortgagee’s successors in interest and the mortgagor or the mortgagor’s successors in interest is recorded, the time shall be extended as follows:

(a) If the final maturity of the obligation, as extended, secured by the mortgage is ascertainable from the record of the extension agreement, 5 years after the date of final maturity of the obligation as extended.

(b) If the final maturity of the obligation, as extended, secured by the mortgage is not ascertainable from the record of the extension agreement, 20 years after the date of the extension agreement, unless prior to such time the holder of the mortgage:

1. Rerecords the mortgage and includes a copy of the obligation, as extended, secured by the mortgage so that the final maturity is ascertainable; or

2. Records a copy of the obligation, as extended, secured by the mortgage from which copy the final maturity is ascertainable and by affidavit identifies the mortgage by its official recording data and certifies that the obligation is the obligation described in the mortgage;

in which case the lien shall terminate 5 years after the date of maturity as extended.

(3) If the record of the mortgage shows that it secures an obligation payable in installments and the maturity date of the final installment of the obligation is ascertainable from the record of the mortgage, the time shall run from the maturity date of the final installment.

(4) The time shall be extended only as provided in this law and shall not be extended by any other agreement, nonresidence, disability, part payment, operation of law, or any other method.

(5) This section does not apply to mortgages or deeds of trust executed by any railroad or other public utility corporation or by any receiver or trustee of them or to liens or notices of liens under chapter 713.

History.—ss. 1-7, ch. 22560, 1945; s. 1, ch. 29977, 1955; s. 18, ch. 74-382; s. 1, ch. 77-174; s. 4, ch. 83-267; s. 3, ch. 83-311; s. 527, ch. 95-147.

Note.—Former ss. 95.28-95.32.

F.S. 95.281 on Google Scholar

F.S. 95.281 on Casetext

Amendments to 95.281

Arrestable Offenses / Crimes under Fla. Stat. 95.281

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.281.

Annotations, Discussions, Cases:

Cases Citing Statute 95.281

Total Results: 20

OLAYA MILIAN v. ADRIAN GARCIA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-25T00:53:00-07:00

Snippet: to collect the debt after five years. Section 95.281(1)(b), conversely, establishes an ultimate date… So. 2d 840, 843 (Fla. 4th DCA 2000) (“section 95.281 clearly cuts off the time to pursue a foreclosure

Doe No. 3 v. Nur-Ul-Islam Academy, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-22T00:00:00-07:00

Citation: 217 So. 3d 85, 2017 WL 1076928, 2017 Fla. App. LEXIS 3777

Snippet: time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by: (h) The minority

Reverse Mortgage Solution, Inc. v. The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-07T00:00:00-07:00

Citation: 207 So. 3d 917, 2016 Fla. App. LEXIS 15025

Snippet: bank’s conduct in the foreclosure case). Section 95.281(l)(a), Florida Statutes, clearly and unambiguously…action to collect the debt after five years. Section 95.281(l)(b), conversely, establishes an ultimate date

Balaguer v. Chase Home Finance, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-27T00:00:00-07:00

Citation: 190 So. 3d 682, 2016 Fla. App. LEXIS 6340, 2016 WL 1688597

Snippet: in favor of the Association”); see § 95.281(1)(a), Fla. Stat,.(2013) (providing that the “lien

Deutsche Bank Trust Company Americas, Etc. v. Beauvais

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-13T00:00:00-07:00

Citation: 188 So. 3d 938, 2016 Fla. App. LEXIS 5584

Snippet: statute of repose for foreclosure ■ actions (section 95.281 of the Florida Statutes) with the statute of limitations…legislature has already done by enacting section 95.281(l)(a), the statute of repose for foreclosure actions…terminate ... 5 years after the date of maturity.” § 95.281(l)(a), Fla. Stat. (2013). If it had been the intent…the face of the mortgage (March 1, 2036), section 95.281(1)(a) sets this "ultimate” date as March 1

Countrywide Home Loans, Inc. v. Burnette

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-30T00:00:00-07:00

Citation: 177 So. 3d 1032, 2015 WL 6594312

Snippet: date of the debt secured by the mortgage. See § 95.281, Fla. Stat. (2005). The face of the promissory …action to collect the debt after five years. Section 95.281(l)(b), conversely, establishes an ultimate date

Perry & Co. v. Crsj

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:00:00-07:00

Citation: 170 So. 3d 926, 2015 Fla. App. LEXIS 11342, 2015 WL 4549534

Snippet: maturity date of October 1, 2008. See § 95.281(l)(a), Fla. Stat. (2018). Prior to the termination…maturity date of the mortgage. See § 95.281(2), Fla. Stat. (2013) (providing that “[i]f an …the recordation requirements mandated by section 95.281(2), of the Florida Statutes, which extends the …is recorded’ ” (brackets in original) (quoting § 95.281(2))); Zlinkoff v. Von Aldenbruck, 765…, 842 (Fla. 4th DCA 2000) (holding that section 95.281 requires that an extension of the maturity date

Silver Shells Corp. v. St. Maarten at Silver Shells Condominium Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-24T00:00:00-07:00

Citation: 169 So. 3d 197, 2015 Fla. App. LEXIS 9597, 2015 WL 3875556

Snippet: , and therefore the claim is subject to section 95.281(2), Florida Statutes, which provides that “[a]fter

CCM Pathfinder Palm Harbor Management, LLC v. Unknown Heirs

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-21T00:00:00-08:00

Citation: 198 So. 3d 3, 2015 Fla. App. LEXIS 641, 2015 WL 248796

Snippet: five-year statute of *7repose set forth in section 95.281(1). The trial court held a hearing on these motions…complaint was the statute of repose found in section 95.281(1). We explained the difference between a statute…legal theories. As a statute of repose, section 95.281(1) operates to terminate a mortgage lien and render…mortgage, the twenty-year statute of repose of section 95.281(l)(b) applies. Since Pathfinder’s foreclosure complaint…. We recognize that this application of section 95.281(1) appears to conflict with the purpose of recording

CCM Pathfinder Palm Harbor Management, LLC v. Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, or other of Norman W. Gendron

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-20T23:53:00-08:00

Snippet: five-year statute of repose set forth in section 95.281(1). The trial court held a hearing on these motions…complaint was the statute of repose found in section 95.281(1). We explained the difference between a statute… As a statute of repose, section 95.281(1) operates to terminate a mortgage lien and render…, the twenty-year statute of repose of section 95.281(1)(b) applies. Since Pathfinder's foreclosure… We recognize that this application of section 95.281(1) appears to conflict with the purpose of recording

Deutsche Bank v. Beauvais

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-16T23:53:00-08:00

Snippet: 95.11(2)(c) is a statute of limitations; section 95.281 is a statute of repose, …parties agree that the applicable subsection is 95.281(1)(a). However, the parties disagree on the construction…date of the note itself. The language of section 95.281(1)(a) provides that the duration of the lien is…definitive time limitation established by section 95.281(1)(a) is based upon the fact that the final maturity…involve the construction or application of section 95.281 or a determination of the duration of a mortgage

Hardey v. Shell

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-13T00:00:00-07:00

Citation: 144 So. 3d 668, 2014 WL 3929140, 2014 Fla. App. LEXIS 12408

Snippet: the statute of limitations in sections 95.11 and 95.281. In August 2011, the Hardeys filed a motion to … Hardeys’ count for declaratory relief. Section 95.281(2) provides: “After 20 years from the recording

Evergrene Partners, Inc. v. Citibank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-25T00:00:00-07:00

Citation: 143 So. 3d 954, 2014 WL 2862392, 2014 Fla. App. LEXIS 9557

Snippet: quiet title action arguing inter alia that section 95.281(1), Florida Statutes (2012), provides in part that

Brown v. Nationscredit Financial Services Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-10T00:00:00-08:00

Citation: 32 So. 3d 661, 2010 Fla. App. LEXIS 2911, 2010 WL 786246

Snippet: time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by: * * * (f) The payment

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-12-09T23:53:00-08:00

Snippet: with the recordation requirements mandated by s. 95.281(2), Fla. Stat., and s. 695.03, Fla. Stat.). 9 See

City of Riviera Beach v. Reed

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-16T00:00:00-07:00

Citation: 987 So. 2d 168, 2008 Fla. App. LEXIS 10878, 2008 WL 2744386

Snippet: liens with no ascertainable maturity date. See § 95.281(l)(b), Fla. Stat. (1995).1 The City also raises

Razak v. MARINA CLUB OF TAMPA HOMEOWNERS

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-10T00:53:00-07:00

Citation: 968 So. 2d 616

Snippet: title passed free and clear of all liens. Section 95.281(1)(a), Florida Statutes (2004), provides that the…secure the note expired on January 7, 2003. Section 95.281 is considered to be a statue of repose rather than… of this encumbrance. Razak argues that section 95.281 is not controlling here because the future advances…of section 697.04 prevail over those of section 95.281 when a future advance clause is contained in the…Accordingly, we conclude that pursuant to section 95.281, the lien created by the mortgage to secure the

SOUTH MOTOR CO. v. Doktorczyk

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-25T00:00:00-07:00

Citation: 957 So. 2d 1215

Snippet: time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by: (f) The payment

Cadle Co. v. McCartha

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-02T23:53:00-08:00

Citation: 920 So. 2d 144

Snippet: time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by: * * * (f) The payment

American Bankers Life Assur. v. 2275 West

Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-06T00:53:00-07:00

Citation: 905 So. 2d 189

Snippet: claiming that foreclosure was barred by section 95.281 of the Florida Statutes. On February 13, 2003, …affirmative defenses regarding the bar of section 95.281 which had been asserted six an one half months …sought to avoid 2275 West's claim that section 95.281 barred foreclosure of the American Bankers mortgage…agreement that would preclude the bar of section 95.281; and third, because American Bankers' interest…2002, there was no valid lien to enforce. Section 95.281(1)(a), of the Florida Statutes provides that the