Maki v. NCP Bayou 2, LLC
After the HELOC lender accelerated the note in October 2014 and obtained a money judgment on the note (without foreclosing), its assignee filed a mortgage foreclosure crossclaim in December 2019. The Sixth DCA held the five-year limitations period in section 95.11(2)(c) began running on the date of acceleration and had expired, so the foreclosure was time-barred; obtaining and failing to collect a judgment on the note neither extended nor reset the limitations period.
Key facts
- HELOC lender accelerated a note in October 2014 and obtained a money judgment on the note without foreclosing the mortgage.
- Lender's assignee filed a mortgage foreclosure crossclaim in December 2019, more than five years after acceleration.
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Why it matters
This opinion squarely resolves a scenario not previously addressed: a lender that sues only on the note and wins a judgment cannot use that judgment (or the borrower's failure to pay it) to restart or extend the… — full analysis with a trial
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