Clearwater, FL asked in Foreclosure and Real Estate Law for Florida

Q: 2nd mortgage in FL which has not been paid since 2009. Have not heard from mortgage company since 2009. Would like to

settle. Can they charge interest since then? Willing to pay amount owed in 2009. Does SOL apply if never received bill since 2009? Company on lien went under in 2009. Never notified of new lien owner.

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Consumer Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You will want to be careful negotiating and starting negotiations because you can revive the debt potentially . If there was no judgment ever, then the Statute of Limitations that applies is directly below (2b and 2c) ;

95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:

(1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state.

(2) WITHIN FIVE YEARS.—

(a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country.

(b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (5)(h).

(c) An action to foreclose a mortgage.

(d) An action alleging a willful violation of s. 448.110.

(e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss.

It may be possible to try to find the owner of the debt, although possibly expired per above and reach a resolution, I would encourage a title search for starters so that you can find anything clouding the title, old loans would be one of those potential clouds and you will likely have to address it through some sort of settlement or quiet title action I suspect, I would encourage you to speak with and work with an attorney. What outstanding sum still remains would be helpful to know as well and any other details you could provide.

Barbara Billiot Stage agrees with this answer

A: I agree with my colleague and would only add the statute of limitations is five years from the date of maturity. If your loan was due to mature any time before April 13, 2016 the statute of limitations would be a defense, but for any date after that the lender who owns the note now could foreclose.

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