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The 2024 Florida Statutes
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Total Results: 20
Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-25T00:53:00-07:00
Snippet: collect the debt after five years. Section 95.281(1)(b), conversely, establishes an ultimate date when
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: favor of the Association”); see § 95.281(1)(a), Fla. Stat,.(2013) (providing that the “lien
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: provided that the mortgage lien under section 95.281(1)(a) would terminate five years after a maturity… 1, 2036. Therefore, and pursuant to section 95.281(1)(a), the mortgage lien remains valid until March…legislature has already done by enacting section 95.281(1)(a), the statute of repose for foreclosure actions…face of the mortgage (March 1, 2036), section 95.281(1)(a) sets this “ultimate” date as March 1, 2041. … . . 5 years after the date of maturity.” § 95.281(1)(a), Fla. Stat. (2013). If it had been the
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…We recognize that this application of section 95.281(1) appears to conflict with the purpose of recording…we are constrained by the language of section 95.281(1) to conclude that the statute of repose does not
Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-20T23:53:00-08:00
Snippet: -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
Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-16T23:53:00-08:00
Snippet: parties agree that the applicable subsection is 95.281(1)(a). However, the parties disagree on the construction…of the note itself. The language of section 95.281(1)(a) provides that the duration of the lien is “5…definitive time limitation established by section 95.281(1)(a) is based upon the fact that the final maturity…provided that the mortgage lien under section 95.281(1)(a) would terminate five years after a maturity …1, 2036. Therefore, and pursuant to section 95.281(1)(a), the mortgage lien remains valid until March
Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-09T00:00:00-07:00
Citation: 145 So. 3d 997
Snippet: investigation or an official proceeding.” See Ch. 92-281, § 1, at 2116, Laws of Fla. 3 . The
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: title action arguing inter alia that section 95.281(1), Florida Statutes (2012), provides in part that
Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-10T00:53:00-07:00
Citation: 968 So. 2d 616
Snippet: passed free and clear of all liens. Section 95.281(1)(a), Florida Statutes (2004), provides that the
Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-06T00:53:00-07:00
Citation: 905 So. 2d 189
Snippet: there was no valid lien to enforce. Section 95.281(1)(a), of the Florida Statutes provides that the lien…of it, 5 years after the date of maturity. § 95.281(1)(a), Fla. Stat. (2003). As recently confirmed in…to collect the debt after five years. Section 95.281(1)(b), conversely, establishes an ultimate date when…record, is September 15, 1993. Under section 95.281(1)(a), American Bankers had until September 15, 1998
Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-08T23:53:00-08:00
Citation: 900 So. 2d 601
Snippet: of a lien is determined by section 95.281(1)(b), section 95.281(1)(b) does not constitute a bar to the …limitations is twenty years as set forth in section 95.281(1)(b), Florida Statutes (2002). We conclude that section…limitations was twenty years, based on section 95.281(1)(b). The trial court entered summary judgment in…must be commenced within five years. Section 95.281(1)(b), entitled "Limitations; instruments encumbering…terminates five years from the date of maturity. § 95.281(1)(a). Many courts have referred to both sections
Court: Fla. Dist. Ct. App. | Date Filed: 2000-08-16T00:00:00-07:00
Citation: 765 So. 2d 840, 2000 Fla. App. LEXIS 10336, 2000 WL 1153988
Snippet: of February 1992. At that time, under section 95.281(1), the ability to foreclose on the mortgage terminated… mortgage terminated in February 1997. See § 95.281(1), (4). Thus, when Zlinkoff pur*843chased the property…the mortgage had already expired under section 95.281(1), the mortgagor’s successor-in-interest could not
Court: Fla. Dist. Ct. App. | Date Filed: 1993-01-26T23:53:00-08:00
Citation: 612 So. 2d 714
Snippet: ascertainable from the record of it. Section 95.281(1)(b). The statute of limitations on a mortgage foreclosure
Court: Fla. | Date Filed: 1992-09-24T00:53:00-07:00
Citation: 606 So. 2d 227
Snippet: submitted by the experts shall contain the following: *281 (1) The report shall identify the specific matters
Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-12T00:53:00-07:00
Citation: 603 So. 2d 1334
Snippet: barred by the statute of limitations, section 95.281(1)(a), Florida Statutes (1985), which provides that
Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-27T00:00:00-08:00
Citation: 590 So. 2d 1102, 1991 Fla. App. LEXIS 12758, 1991 WL 273722
Snippet: dissolved Florida limited partnership. . § 95.281(1)(a) Fla.Stat. (1989). . § 95.281(l)(b), Fla.Stat
Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-15T00:53:00-07:00
Citation: 580 So. 2d 278
Snippet: quot;prevailing small business party" when: *281 1... . . 2... . . 3. The state agency has sought a
Court: Fla. Dist. Ct. App. | Date Filed: 1990-01-05T00:00:00-08:00
Citation: 561 So. 2d 297
Snippet: section 95.281(1), Florida Statutes (1985), barred the Pastores' action.[3] Section 95.281(1) provides
Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-05T00:53:00-07:00
Citation: 507 So. 2d 142
Snippet: for a creditor who claims an offset. Section 631.281(1) provides that "[i]n all cases of mutual debts
Court: Fla. Dist. Ct. App. | Date Filed: 1984-09-21T00:00:00-07:00
Citation: 456 So. 2d 546, 9 Fla. L. Weekly 2037, 1984 Fla. App. LEXIS 15053
Snippet: similar provision enacted in 1982, as section 322.281(1), Florida Statutes *547(1982) (effective July 1,…316.193(1). According to the terms of section 322.281(1), Florida Statutes (1982), adjudication could not