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!
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-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
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 advice of licensed property law attorneys immediately so they can secure your rights. Hiring an attorney is a serious and important decision. Please ensure that you take the time necessary to evaluate and interview more than one attorney to determine whom to hire.