What is the statue of limitation of a mortgage foreclosure in florida?

Asked over 1 year ago - Fort Lauderdale, FL

i have mortgage forecluse more than 5 years old.

Attorney answers (3)

  1. Antonio Alonso

    Contributor Level 10

    5

    Lawyers agree

    Answered . Florida has a 5 year statute of limitations for contract disputes. Since a mortgage/note falls under this category that will be your answer.

    The key is to determine when those 5 years start running. The status of limitations applies as to the commencement of the case, if they started the process within those 5 years then it does not matter how long the case has been going on.

    Now, if their case gets dismissed then they may have a problem because they will be subject to the 5 year period. Good luck!

  2. Margery Ellen Golant

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It does not matter for purposes of statute of limitations how old the case is, what is relevant is only whether the case was FILED within the limitations period. The period is 5 years. So long as the case was filed within 5 years of the date of acceleration, it is compliant. Further, even in cases where there may be a statute of limitations issue, it is waived unless properly and timely raised.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  3. Keith Adam Halpern

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Chapter 95.11(2)(c) if my memory serves me right is where that statue may be located wherein a party must bring a foreclosure action within five (5) years of the default. As many have stated, if the case is dismissed (off the docket and closed) and the statute of limitations has already run, then the defendants have pretty solid grounds for DISMISSAL with prejudice (permanently) as a result.

    We see quite a bit of this.

    NOT LEGAL ADVICE--FOR EDUCATIONAL PURPOSES ONLY. We don't know the facts and this is not legal advice. Seek the... more

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