Statute of Repose

Enforcement of Mortgage Note Barred, But Mortgage Lien Remains

12/19/14

On December 17, 2014, the Florida Third District Court of Appeals issued its decision on a very important foreclosure issue in the case of Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al., Case No. 3D14-575.  In this case, the Court held that the enforcement of the mortgage note was barred by the statute of limitations but the mortgage lien is not null and void as its validity is governed by the separate statute of repose.

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