In short: In Snow v. Wells Fargo (2015), the Third District affirmed a foreclosure judgment. A breach letter saying the bank would accelerate if the default was not cured did not itself accelerate the loan. The five-year statute of limitations started when the bank filed its first complaint declaring the full balance due, so the second suit was timely.
The Facts
The borrowers signed a note and mortgage on Miami property in May 2007. The mortgage had an optional acceleration clause: after a default, the lender could, but did not have to, demand the whole balance. The borrowers missed the October 2007 payment.
In December 2007 the servicer sent a default letter. It demanded only the past-due amount, set a cure deadline of January 10, 2008, and warned that if the default was not cured the lender would accelerate the full debt. The borrowers did not cure. On March 12, 2008, the bank filed a foreclosure complaint that expressly declared the full amount due. It voluntarily dismissed that case without prejudice in June 2011.
The bank filed a second foreclosure on March 5, 2013. That was less than five years after the first complaint but more than five years after the January 10, 2008 cure deadline. The borrowers argued the letter accelerated the loan automatically when the cure period ran out, so the five-year statute of limitations had expired before the second suit was filed.
The Decision
The Third District affirmed. Under an optional acceleration clause, acceleration is not automatic. The lender has to actually exercise the option and clearly let the borrower know it has done so. The December letter was a notice of default and a warning about something the lender might do later; it demanded only the arrearage, not the full balance. Language that the lender would accelerate if the default went uncured described a future step, not one already taken, and it did not turn the optional clause into a self-executing one.
The first foreclosure complaint was the act that accelerated the debt, because it unequivocally declared the full balance due. The limitations period therefore began on March 12, 2008, and the March 5, 2013 complaint was filed within five years. The court relied on older Florida cases holding that a creditor must take some clear, affirmative action telling the debtor the option has been exercised.
The Law
Florida’s limitations period for a mortgage foreclosure is five years under section 95.11(2)(c), still the governing subsection in the 2026 statutes. The question in most of these cases is when the clock starts. For an installment loan with an optional acceleration clause, Snow holds it starts when the lender clearly exercises the option, typically by filing suit demanding the full balance, not when a cure letter’s deadline passes.
The law kept moving after Snow. In Bartram v. U.S. Bank (Fla. 2016), the Florida Supreme Court held that when a foreclosure is dismissed, the parties generally go back to where they were before acceleration: the borrower can again pay in installments, and the lender can sue again based on any default that occurs after the dismissal, as long as each new suit comes within five years of that default. So even a suit filed more than five years after the first acceleration is not automatically barred. The full balance can be sought if a later default is within the five-year window.
Current law (2026): Five-year foreclosure limitations period remains at § 95.11(2)(c), Fla. Stat. (2026), verified on flsenate.gov. Later development: Bartram v. U.S. Bank, N.A., 211 So. 3d 1009 (Fla. 2016) held that dismissal of a foreclosure returns the parties to pre-acceleration status and a lender may file a new action based on defaults occurring after dismissal within five years of those defaults, seeking the full balance. Snow’s rule that a conditional cure letter does not accelerate remains consistent with later DCA cases (e.g., cited by the 4th DCA in 2018, case 4D17-1256).
Lessons
- A breach or cure letter that warns the lender will accelerate usually does not start the five-year clock by itself; look for words that declare the full balance due now.
- Under Snow, the first foreclosure complaint demanding the whole debt is commonly the acceleration date.
- After Bartram, a dismissed foreclosure does not end the lender’s rights; new missed payments after dismissal can support a new suit.
- A statute of limitations defense in foreclosure turns on exact dates and documents: the letters, each complaint, the dismissal orders and the payment history.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
The Default Letter Said “We Shall Accelerate” — But Did It?
Go Deeper
- Foreclosure Statute of Limitations in Florida: Bartram, Refiled Cases, and the 5-Year Rule
- The Default Letter Defense in Florida Foreclosures: Paragraph 22, HUD, and VA Pre-Suit Notice
- The Florida Foreclosure Process, Step by Step
Frequently Asked Questions
Does a notice of default start the foreclosure statute of limitations in Florida?
Usually not. In Snow v. Wells Fargo, the Third District held a default letter warning that the lender would accelerate if the borrower did not cure was only notice of a possible future step. The five-year period under section 95.11(2)(c) began when the bank filed a complaint declaring the full balance due.
How long does a bank have to foreclose in Florida?
Section 95.11(2)(c) gives five years to bring a foreclosure action. For installment mortgages, the period generally runs from acceleration of the debt or from each missed payment. Because of Bartram, a lender can often sue again on defaults that occur after a prior case is dismissed, so the five years can effectively restart.
If a bank dismisses a foreclosure and waits five years, is the mortgage dead?
Not necessarily. The Florida Supreme Court held in Bartram v. U.S. Bank (2016) that dismissal generally returns the loan to installment status. If the borrower keeps missing payments, each later default can support a new foreclosure filed within five years of it, and the lender can again seek the full balance.
What is an optional acceleration clause in a mortgage?
It lets the lender demand the entire loan balance after a default but does not require it. Because acceleration is the lender’s choice, Florida courts require a clear act, such as a complaint or a letter declaring the full debt due now, before the debt is treated as accelerated and the limitations clock starts.
Talk to a Florida foreclosure defense lawyer
Weidner Law, P.A. has defended Florida homeowners in foreclosure and foreclosure appeals for more than 25 years. If you need a foreclosure defense lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
