HIRSCH WILSON LAW

INNOVATIVE COMPREHENSIVE LEGAL REPRESENTATION

Mortgage Lien Not Extinguished By Quiet Title Action

Recently in Countrywide Home Loans, Inc., v. Wayne R. Burnette, Case No. 1D14-728, The First District Court of Appeals considered whether a mortgage lien had been extinguished five years after the acceleration of the debt.

The Court reasoned that even if the statute of limitations had run on an action to enforce a promissory note and foreclose on a mortgage, the lien against the property remained valid until five years after the maturity date of the debt secured by the mortgage. The face of the promissory note reflected a maturity date of November 1, 2035. The mortgage lien therefore terminated on November 1, 2040.