In short: Florida’s statute of limitations for “an action to foreclose a mortgage” is five years (§ 95.11(2)(c)). But in Bartram v. U.S. Bank, the Florida Supreme Court held that when a foreclosure is dismissed, the lender can file again based on a later default, as long as that default occurred within five years of the new action. Separately, § 95.281 cuts off the mortgage lien itself 5 years after the stated maturity date.
For years, homeowners and lawyers believed that if a bank sued, accelerated the loan, and then let the case get dismissed, the five-year clock would eventually wipe out the mortgage. Matt predicted from the start that Florida courts would not apply that rule against the banking industry. In 2016 the courts confirmed it.
The Five-Year Statute: § 95.11(2)(c)
Section 95.11(2)(c) sets a five-year limit on “an action to foreclose a mortgage.” The fight was always about when the clock starts. If acceleration makes the whole debt due, does the clock run on the whole debt from that date, even if the case is dismissed?
Beauvais and Bartram
On April 13, 2016, the Third District Court of Appeal, sitting en banc on rehearing, decided Deutsche Bank Trust Co. Americas v. Beauvais. Matt’s video that day walks through it. The court held that dismissal of a foreclosure action ended the acceleration, so the lender could sue again on later defaults.
The Florida Supreme Court then decided Bartram v. U.S. Bank National Ass’n, 211 So. 3d 1009 (Fla. 2016). The Court held that after an involuntary dismissal, with or without prejudice, the mortgage stays an installment contract, and the lender can bring a new foreclosure based on a subsequent default “as long as the alleged subsequent default occurred within five years of the subsequent foreclosure action.”
What That Means in Practice
- A dismissed foreclosure generally doesn’t start a clock that destroys the mortgage.
- The bank can refile on a default within the last five years.
- Missed installments older than five years before the new filing may be challengeable, depending on the facts.
The Other Clock: § 95.281
There’s a separate statute that ends the lien itself. Under § 95.281(1), a mortgage lien terminates “5 years after the date of maturity” if the maturity date is ascertainable from the record, or “20 years after the date of the mortgage” if it isn’t. This matters for very old mortgages, balloon loans, and old second mortgages that surface decades later. See foreclosures against heirs.
Refiled Cases Still Need Everything Else
A refiled foreclosure must still meet every other requirement: standing at the time of the new filing, a proper default letter for the new default, and compliance with servicing rules. A second case is often weaker than the first.
Watch the Arguments
The recordings below include an argument over refiling years later, and a 2026 argument over whether acceleration is revoked when a case is dismissed and refiled. An argument is not a ruling; read the opinion.
Watch: the videos behind this article
Can Banks Refile Foreclosure After Dismissal in Florida?
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments in foreclosure cases, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
Foreclosure Statute of Limitations: Can Banks Refile After Years?
Dismissed Once, Refiled Later: Does Acceleration Get Revoked With the Case?
Go Deeper
- Foreclosure After the Borrower Dies in Florida: Heirs, Probate, and Zombie Mortgages
- Foreclosure Standing on Appeal in Florida: Watch the Arguments Over Who Owns the Note
- Deficiency Judgments in Florida: Zombie Mortgage Debt After Foreclosure
Frequently Asked Questions
What is the statute of limitations for foreclosure in Florida?
Five years, under § 95.11(2)(c), for “an action to foreclose a mortgage.” The key question is what default starts the clock.
Can a bank refile a foreclosure after it was dismissed in Florida?
Generally yes. In Bartram v. U.S. Bank National Ass’n, 211 So. 3d 1009 (Fla. 2016), the Florida Supreme Court held that an involuntary dismissal returns the parties to the pre-acceleration position, and the lender can sue on a later default within five years of the new action.
Does a Florida mortgage ever expire?
Yes. Under § 95.281, a mortgage lien ends 5 years after the maturity date shown in the recorded mortgage, or 20 years after the date of the mortgage if no maturity date appears.
Can I still get a statute of limitations defense in a Florida foreclosure?
In narrow cases, such as when no payment default falls within the five years before the new filing, or the lien has expired under § 95.281. Most borrowers who stopped paying years ago are still exposed to a new suit on more recent installments.
Talk to a Florida foreclosure defense lawyer
Weidner Law, P.A. has defended Florida homeowners in foreclosure for more than 25 years, from St. Petersburg. If you need a foreclosure defense lawyer in St. Petersburg or anywhere in Florida, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: Chapter 702, Florida Statutes (Foreclosure of Mortgages and Liens) and Chapter 45 (Judicial Sales).
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.
