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.
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