Florida Supreme Court Justice Lawson Hints at Special Statute of Limitations Considerations When Dealing with Long-Term Notes – Arias Bosinger

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Florida Supreme Court Justice Lawson Hints at Special Statute of Limitations Considerations When Dealing with Long-Term Notes Last year, we wrote an article about the Florida Supreme Court ruling that each missed mortgage payment constituted a new default subject to a new five-year statute of limitations clock, meaning most lenders could proceed with foreclosure even after five years from the initial default.

Under Florida Law the applicable statute of limitations is 5 years from maturity if maturity can be calculated or 20 years from origination if maturity cannot be calculated. If the note and mortgage matured 5 years ago the statute of limitations will have run, but also the loan should be paid depending on the type of loan you had.

The Florida Supreme Court (FLSC) accepted certiorari earlier this year from its 5th District Court of Appeal and held oral argument last week to resolve a dispute on the statute of limitation.

Recently, the Florida Supreme Court concluded that the Legislature intended to subject arbitration proceedings to the statute of limitations. An arbitration proceeding is an "action" broadly defined in 95.011 to encompass any "civil action or proceeding," including arbitration proceedings.

Grice, 438 So. 2d 392, 395 (Fla. 1983) (Ehrlich, J., specially concurring) (transferring an action circumvents the operation of the statute of limitations and promotes the ends of justice). Had an action been filed in county court, we would have permitted the transfer of the action to circuit court.

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