Florida Statute 95.281 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 95.281

Annotations, Discussions, Cases:

Cases Citing Statute 95.281

Total Results: 50

Alachua County v. Cheshire

603 So. 2d 1334, 1992 WL 191328

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 1739047

Cited 16 times | Published

was barred by the statute of limitations, section 95.281(1)(a), Florida Statutes (1985), which provides

Pitts v. Pastore

561 So. 2d 297, 1990 WL 761

District Court of Appeal of Florida | Filed: Jan 5, 1990 | Docket: 1740334

Cited 14 times | Published

under section 95.281(1), Florida Statutes (1985), barred the Pastores' action.[3] Section 95.281(1) provides

Monte v. Tipton

612 So. 2d 714, 1993 WL 17749

District Court of Appeal of Florida | Filed: Jan 27, 1993 | Docket: 1263182

Cited 12 times | Published

was not barred by the statute of limitations. Section 95.281, Florida Statutes (1991), is the limitation

Conner v. Coggins

349 So. 2d 780

District Court of Appeal of Florida | Filed: Sep 2, 1977 | Docket: 1655200

Cited 12 times | Published

be read in pari materia with Florida Statutes § 95.281(3) which provides: `If the record of the mortgage

Smith v. Branch

391 So. 2d 797

District Court of Appeal of Florida | Filed: Dec 31, 1980 | Docket: 1174425

Cited 11 times | Published

1980).[2] Section 95.281 is the limitation statute applicable to mortgages. Section 95.281(1)(b) provides

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

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

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 60248868

Cited 10 times | Published

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

In Re Kay

223 B.R. 816, 1998 Bankr. LEXIS 1014, 1998 WL 477327

United States Bankruptcy Court, M.D. Florida | Filed: Mar 10, 1998 | Docket: 1087768

Cited 10 times | Published

been determined invalid pursuant to Fla.Stat. § 95.281. Berger's alleged mortgage lien expired and is

WRH Mortgage, Inc. v. Butler

684 So. 2d 325, 1996 Fla. App. LEXIS 13234, 1996 WL 728354

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 1740707

Cited 10 times | Published

reverse because 12 U.S.C. § 1821 (1995) preempts section 95.281 and grants WRH, an assignee of the Resolution

WRH Mortgage, Inc. v. Butler

684 So. 2d 325, 1996 Fla. App. LEXIS 13234, 1996 WL 728354

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 1740707

Cited 10 times | Published

reverse because 12 U.S.C. § 1821 (1995) preempts section 95.281 and grants WRH, an assignee of the Resolution

KRC Enterprises, Inc. v. Soderquist

553 So. 2d 760, 14 Fla. L. Weekly 2905, 1989 Fla. App. LEXIS 7048, 1989 WL 151468

District Court of Appeal of Florida | Filed: Dec 15, 1989 | Docket: 1258344

Cited 9 times | Published

the maturity date of the note and mortgage. See § 95.281, Fla. Stat. (1987). Ruling that the note controlled

American Bankers Life Assur. v. 2275 West

905 So. 2d 189, 2005 WL 765075

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1711849

Cited 8 times | Published

judgment claiming that foreclosure was barred by section 95.281 of the Florida Statutes. On February 13, 2003

Houck Corp. v. New River, Ltd., Pasco

900 So. 2d 601, 2005 Fla. App. LEXIS 1314, 2005 WL 292210

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1514224

Cited 8 times | Published

set forth in section 95.281(1)(b), Florida Statutes (2002). We conclude that section 95.281 is a statute

Harmony Homes, Inc. v. United States Ex Rel. Small Business Administration

936 F. Supp. 907, 1996 U.S. Dist. LEXIS 11339, 1996 WL 450214

District Court, M.D. Florida | Filed: Aug 5, 1996 | Docket: 972617

Cited 7 times | Published

years. § 95.111 and § 95.281, Fla.Stat. (1982 & Supp.1996). Florida Statute § 95.281 addresses limitations

CCM Pathfinder Palm Harbor Management, LLC v. Unknown Heirs

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

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60256485

Cited 6 times | Published

five-year statute of *7repose set forth in section 95.281(1). The trial court held a hearing on these

Briggs v. Estate of Geelhoed Ex Rel. Johnson

543 So. 2d 332, 1989 WL 47150

District Court of Appeal of Florida | Filed: May 10, 1989 | Docket: 1437277

Cited 6 times | Published

by the statute of limitations was five years. § 95.281 Fla. Stat. (1985). This expired on January 1,

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

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

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60242406

Cited 4 times | Published

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

City of Riviera Beach v. Reed

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

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 64855249

Cited 4 times | Published

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

Jefferies v. Corwin

363 So. 2d 600

District Court of Appeal of Florida | Filed: Oct 25, 1978 | Docket: 461236

Cited 4 times | Published

Appellants asserted at summary judgment that § 95.281 Fla. Stat. limited action on the lien to five

Simonetti Development, LTD. v. Hillard Development Corp. (In Re Hillard Development Corp.)

238 B.R. 857, 42 Collier Bankr. Cas. 2d 1017, 52 Fed. R. Serv. 1028, 1999 Bankr. LEXIS 953

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 4, 1999 | Docket: 1638560

Cited 3 times | Published

the foreclosure of certain mortgage liens (id. § 95.281(1)(a)), or the five year period applicable to

Kisz v. Massry

426 So. 2d 1009

District Court of Appeal of Florida | Filed: Jan 12, 1983 | Docket: 1283185

Cited 3 times | Published

of the statute of limitations contained in section 95.281(1)(a) and (1)(b), Florida Statutes (1981).

Countrywide Home Loans, Inc. v. Burnette

177 So. 3d 1032, 2015 WL 6594312

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60251062

Cited 2 times | Published

date of the debt secured by the mortgage. See § 95.281, Fla. Stat. (2005). The face of the promissory

Schroeder v. Manceri

893 So. 2d 603, 2005 WL 156712

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1720623

Cited 2 times | Published

maturity date of February 1992. Id. at 842. Under section 95.281, Florida Statues, which concerns limitations

USX Corp. v. Schilbe

535 So. 2d 719, 1989 WL 191

District Court of Appeal of Florida | Filed: Jan 6, 1989 | Docket: 2573062

Cited 2 times | Published

lien created by such mortgage is governed by section 95.281, Florida Statutes (1987), a statute of repose

Deutsche Bank Trust Company Americas, Etc. v. Beauvais

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

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 3053146

Cited 1 times | Published

statute of repose for foreclosure ■ actions (section 95.281 of the Florida Statutes) with the statute of

Rodriguez v. Bank of America, N.A.

49 F. Supp. 3d 1154, 2014 U.S. Dist. LEXIS 142653, 2014 WL 4851777

District Court, S.D. Florida | Filed: Sep 30, 2014 | Docket: 64297489

Cited 1 times | Published

five-year statute of repose under Florida Statute § 95.281(l)(a); and that the allegedly invalid mortgage

Layton v. Bay Lake Ltd. Partnership

818 So. 2d 552, 2002 Fla. App. LEXIS 391, 2002 WL 80163

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 64815696

Cited 1 times | Published

five-year statute of limitations contained in section 95.281, Florida Statutes (1989), applied to bar Layton’s

Zlinkoff v. Von Aldenbruck

765 So. 2d 840, 2000 Fla. App. LEXIS 10336, 2000 WL 1153988

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 64799884

Cited 1 times | Published

foreclosure entered against him, arguing that under section 95.281, Florida Statutes (1999), the foreclosure action

Irwin v. Grogan-Cole

590 So. 2d 1102, 1991 Fla. App. LEXIS 12758, 1991 WL 273722

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 64663986

Cited 1 times | Published

Florida limited partnership. . § 95.281(1)(a) Fla.Stat. (1989). . § 95.281(l)(b), Fla.Stat. (1989).

Roxana Quintana v. Rodriguez Family Investment Partnership, LLLP, Etc.

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455324

Published

under the factual circumstances here to toll section 95.281(1), Florida Statutes (2018). For the following

OLAYA MILIAN v. ADRIAN GARCIA

District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290976

Published

action to collect the debt after five years. Section 95.281(1)(b), conversely, establishes an ultimate

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

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

District Court of Appeal of Florida | Filed: Oct 7, 2016 | Docket: 4480292

Published

the bank’s conduct in the foreclosure case). Section 95.281(l)(a), Florida Statutes, clearly and unambiguously

Anthony v. Ocwen Loan Servicing, LLC

550 B.R. 577, 2016 U.S. Dist. LEXIS 59802, 2016 WL 2586659

District Court, M.D. Florida | Filed: May 5, 2016 | Docket: 65517271

Published

argued that Florida's statute of repose, Fla. Stat. § 95.281, precluded a foreclosure action by U.S. Bank.

Balaguer v. Chase Home Finance, LLC

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

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058483

Published

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

Trust Mortgage LLC v. Residential Credit Solutions Inc. (In re Gonzalez)

544 B.R. 716

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 13, 2016 | Docket: 65788299

Published

termination of a mortgage lien is governed by Fla. Stat. 95.281(l)(b), Florida’s statute of repose. Under

Perry & Co. v. Crsj

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

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679129

Published

maturity date of October 1, 2008. See § 95.281(l)(a), Fla. Stat. (2018). Prior to the termination

In re Anthony

534 B.R. 834, 25 Fla. L. Weekly Fed. B 319, 2015 Bankr. LEXIS 2526, 2015 WL 4522971

United States Bankruptcy Court, M.D. Florida | Filed: Jul 20, 2015 | Docket: 65787738

Published

ORDERED. . Fla. Stat. § 95.11(2)(c). . Fla. Stat. § 95.281(1)(a). . (Debtor’s Fix g Ex. 1 ¶ 6). . (Debtor’s

Stern v. Bank of America Corp.

112 F. Supp. 3d 1297, 2015 U.S. Dist. LEXIS 84804, 2015 WL 3991058

District Court, M.D. Florida | Filed: Jun 30, 2015 | Docket: 64302689

Published

duration of a mortgage lien is governed by Fla. Stat. § 95.281(1)(a), which provides that a mortgage lien with

LNB-017-13, LLC v. HSBC Bank USA

96 F. Supp. 3d 1358, 2015 U.S. Dist. LEXIS 49667, 2015 WL 1546150

District Court, S.D. Florida | Filed: Apr 7, 2015 | Docket: 64301335

Published

5-year statute of limitation because Fla. Stat. § 95.281(l)(a)1 operates as a statute of repose and terminates

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

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 2626276

Published

the five-year statute of repose set forth in section 95.281(1). The trial court held a hearing on these

Deutsche Bank v. Beauvais

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 2616012

Published

Section 95.11(2)(c) is a statute of limitations; section 95.281 is a statute of repose,

Hardey v. Shell

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

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 935068

Published

the Hardeys’ count for declaratory relief. Section 95.281(2) provides: “After 20 years from the recording

Razak v. MARINA CLUB OF TAMPA HOMEOWNERS

968 So. 2d 616, 2007 WL 2935001

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 1745330

Published

the title passed free and clear of all liens. Section 95.281(1)(a), Florida Statutes (2004), provides that

Glanville v. Glanville

856 So. 2d 1045, 2003 Fla. App. LEXIS 14535, 2003 WL 22213284

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 64825800

Published

time-barred pursuant to the limitations provisions of section 95.281, Florida Statutes (2001). The case was tried

Bonis v. Collins

802 So. 2d 452, 2001 Fla. App. LEXIS 17824, 2001 WL 1613898

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 64811016

Published

the trial court properly found, pursuant to section 95.281(l)(a), Florida Statutes (1999), the mortgage

Green v. Rosin (In re Rosin)

248 B.R. 625, 1998 Bankr. LEXIS 1924

United States Bankruptcy Court, M.D. Florida | Filed: Jun 4, 1998 | Docket: 65782043

Published

as a mortgage and that, pursuant to Fla. Stat. § 95.281, the lien of a mortgage terminates five years

Smith v. Federal Deposit Insurance

61 F.3d 1552

Court of Appeals for the Eleventh Circuit | Filed: Aug 28, 1995 | Docket: 64021646

Published

date for real estate mortgages is Fla.Stat.Ann. § 95.281(3) (West 1982), which provides: If the record

Mlecka v. Citrus County

610 So. 2d 677, 1992 Fla. App. LEXIS 12616, 1992 WL 371547

District Court of Appeal of Florida | Filed: Dec 18, 1992 | Docket: 64692847

Published

JOHNSTON, L.V., III, Associate Judge, concur. . § 95.281(l)(a), Fla.Stat. . See, e.g., First American

Verde Capital Corp. v. Gutierrez

548 So. 2d 698, 14 Fla. L. Weekly 1649, 1989 Fla. App. LEXIS 3888, 1989 WL 75524

District Court of Appeal of Florida | Filed: Jul 11, 1989 | Docket: 64644800

Published

obligation either orally or in writing. Under section 95.281, Florida Statutes (Supp.1974), the lien of

Garden Isles Apartments No. 3, Inc. v. Connolly

546 So. 2d 38, 14 Fla. L. Weekly 1538, 1989 Fla. App. LEXIS 3650, 1989 WL 69073

District Court of Appeal of Florida | Filed: Jun 28, 1989 | Docket: 64643575

Published

against the real property which would require section 95.281, Florida Statutes, to be the applicable statute

Rudner v. Lyons

395 So. 2d 247

District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 64581006

Published

CURIAM. Affirmed. § 95.11(2)(c), Fla.Stat. (1979); § 95.281(3), Fla.Stat. (1979); Carpenter v. Florida Central