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If the lender cannot foreclose because they are passed the 5 year limitation. Does this extinguish the mortgage lien?

Fort Myers, FL |

The mortgage follows the note. So, if they can't enforce the note, can I get rid of the mortgage lien?

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Attorney answers 2

Best Answer

A quiet title action to address a promissory note that secures a mortgage can be a viable way to eliminate the mortgage lien if there are certain prerequisite facts that are on their face ascertainable - but each situation must be looked at individually. The most important fact to be evident on its face is that the debt matured more than 5 years from the present day. What makes a debt mature (or be in declared default) is a matter of considerable debate.

See my article on this subject at the link below.
And contact an attorney willing to examine your facts and see if a legitimate quiet title action based upon a statute of limitations argument is viable in your case.

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The expiration of the limitations period does not eliminate the lien of the mortgage. If the collectibility really is time barred (which will depend on all the details of the situation), it might be possible to remove the mortgage lien via an Action to Quiet Title.

However, before you take any action, you need to be sure that the debt really is time-barred, as there is a tremendous amount of misunderstanding about how this works, and if you file the wrong thing or file too soon, you could be opening a huge can of worms. There are also lots of "action to quiet title" scams out there, so please be careful to consult an attorney who is really knowledgable and legitimate.

Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.