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The mortgage exposes the real estate to claim by the mortgagee and is the document that gives the creditor the right to sue for foreclosure.
Just like all other debt, the statute of limitations on a Florida foreclosure is five years. This means that once that time period runs out, the lender can no longer file a lawsuit against the borrower or homeowner.
The foreclosure process derives its legal basis from a mortgage or deed of trust contract, which gives the lender the right to use a property as collateral in case the borrower fails to uphold the terms of the mortgage document.
Finality of Mortgage Foreclosure Judgment Fla. Stat. 702.036 is created to clarify the finality of mortgage foreclosure judgments.
The complaint must be verified and include allegations regarding the basis for plaintiff's standing, the default, the amounts owed, and the location of the original promissory note. Rule 1.110(b) does not preclude the verification of a foreclosure complaint by an employee of the plaintiff bank's loan servicer.