Florida District Courts of Appeal, 2001

Bonis v. Collins

Florida District Courts of Appeal · Decided December 19, 2001 · Gersten, Goderich, Schwartz

802 So. 2d 452; 2001 Fla. App. LEXIS 17824; 2001 WL 1613898 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We affirm the trial court’s order granting summary judgment in the instant foreclosure action. As the trial court properly found, pursuant to section 95.281(l)(a), Florida Statutes (1999), the mortgage terminated prior to the plaintiff filing the foreclosure action.1

. Section 95.281(l)(a), Florida Statutes (1999), provides as follows:

(1) The lien of a mortgage or other instrument encumbering real property, herein called mortgage, except those specified in subsection (5), shall terminate after the expiration of the following periods of time:

(a) If the final maturity of an obligation secured by a mortgage is ascertainable from the record of it, 5 years after the date of maturity.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.