OLAYA MILIAN
v.
ADRIAN GARCIA
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A foreclosure action must comply with the statutory limitations and lien duration periods under Florida law, which cannot be extended except through a properly recorded extension agreement.
[1] Under Florida law, section 95.281(1)(b) establishes an ultimate date when a mortgage lien terminates and becomes unenforceable, and this lien duration period can only be…
[2] A foreclosure action cannot proceed after the statutory lien duration period has expired unless the deadline was extended by a recorded agreement made in the manner presc…
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Join FLexlaw to unlock all legal intelligence“The limitations period provided in section 95.11(2)(c) does not affect the life of the lien or extinguish the debt; it merely precludes an action to collect the debt after five years. Section 95.281(1)(b), conversely, establishes an ultimate date when the lien of the mortgage terminates and is no longer enforceable.”
Court's explanation of the distinction between debt collection limitations and mortgage lien enforceability periods
Olaya Milian appealed a circuit court decision in Miami-Dade County involving a mortgage dispute with Adrian Garcia regarding the enforceability of a …
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PER CURIAM.
Affirmed. See Am. Bankers Life Assur. Co. of Fla. v. 2275 West Corp., 905 So. 2d 189, 190 n.1 (Fla. 3d DCA 2005) (“[i]t was not until after motions for summary judgment were argued that American Bankers recorded an affidavit in which it represented that two letters attached to the affidavit constituted a mortgage modification agreement”); id. at 192 (“The limitations period provided in section 95.11(2)(c) does not affect the life of the lien or extinguish the debt; it merely precludes an action to collect the debt after five years. Section 95.281(1)(b), conversely, establishes an ultimate date when the lien of the mortgage terminates and is no longer enforceable.”) (internal citations and quotations omitted); Zlinkoff v. Von Aldenbruck, 765 So. 2d 840, 843 (Fla. 4th DCA 2000) (“section 95.281 clearly cuts off the time to pursue a foreclosure action unless that time is properly extended in the manner prescribed, that is, by a recorded extension agreement”); see also Kay’s Custom Drapes, Inc. v. Garrote, 920 So. 2d 1168, 1171 (Fla. 3d DCA 2006) (noting that trial court may deny amendment where such amendment would be futile as a matter of law).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kay's Custom Drapes, Inc. v. Garrote, 920 So. 2d 1168 (Fla. 3d DCA 2006)
- Am. Bankers Life Assurance Co. OF Fla. v. 2275 W. Corp., 905 So. 2d 189 (Fla. 3d DCA 2005)