When Does a Florida Mortgage Lien Expire?

The rule covers mortgages and other instruments that encumber real property. When the record shows an obligation payable in installments and the maturity date of the final installment can be found in the record, the 5 year period runs from that final installment date.

For a mortgage with no maturity date in the record, the holder can act before the 20 year period ends. The holder may rerecord the mortgage with a copy of the secured obligation, or record a copy of the obligation with an affidavit identifying the mortgage by its recording data. Either step makes the maturity ascertainable, and the lien then ends 5 years after maturity.

A recorded extension agreement signed by the lender and the borrower, or their successors, extends the time in a similar way, measured from the extended maturity. The time cannot be extended by any other agreement, nonresidence, disability, part payment, operation of law, or other method. Amounts the mortgage holder pays on other obligations, such as taxes, have a separate 5 year period that runs from the date of payment.

The statute does not apply to mortgages given by railroads or other public utility corporations, or to liens and notices of liens under Florida's construction and statutory lien chapter.

Clearing a paid loan from the record is explained in what a satisfaction of mortgage is. Court actions to clear title are covered in what a quiet title action is.