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Florida Statute 95.281 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title VIII
LIMITATIONS
Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION
View Entire Chapter
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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

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

OLAYA MILIAN v. ADRIAN GARCIA

Court: District Court of Appeal of Florida | Date Filed: 2021-08-25

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

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

Court: District Court of Appeal of Florida | Date Filed: 2017-03-22

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: District Court of Appeal of Florida | Date Filed: 2016-10-07

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

Balaguer v. Chase Home Finance, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-04-27

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: District Court of Appeal of Florida | Date Filed: 2016-04-13

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

Countrywide Home Loans, Inc. v. Burnette

Court: District Court of Appeal of Florida | Date Filed: 2015-10-30

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

Perry & Co. v. Crsj

Court: District Court of Appeal of Florida | Date Filed: 2015-07-29

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-06-24

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: District Court of Appeal of Florida | Date Filed: 2015-01-21

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-01-21

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

Deutsche Bank v. Beauvais

Court: District Court of Appeal of Florida | Date Filed: 2014-12-17

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

Hardey v. Shell

Court: District Court of Appeal of Florida | Date Filed: 2014-08-13

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

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

Court: District Court of Appeal of Florida | Date Filed: 2014-06-25

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: District Court of Appeal of Florida | Date Filed: 2010-03-10

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: Florida Attorney General Reports | Date Filed: 2008-12-10

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: District Court of Appeal of Florida | Date Filed: 2008-07-16

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: District Court of Appeal of Florida | Date Filed: 2007-10-10

Citation: 968 So. 2d 616, 2007 WL 2935001

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

SOUTH MOTOR CO. v. Doktorczyk

Court: District Court of Appeal of Florida | Date Filed: 2007-04-25

Citation: 957 So. 2d 1215, 2007 WL 1217922

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: District Court of Appeal of Florida | Date Filed: 2006-02-03

Citation: 920 So. 2d 144, 2006 Fla. App. LEXIS 1255, 2006 WL 249216

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