What is the statute of limitations for foreclosure in Florida?

Five years, under Fla. Stat. § 95.11(2)(c). A lender must file a foreclosure action within five years of the date the cause of action accrued — generally the date of the specific default it is suing on, or the date of acceleration if the full balance was declared due.

What did Bartram v. U.S. Bank hold?

The Florida Supreme Court held in Bartram v. U.S. Bank, N.A., 211 So. 3d 1009 (Fla. 2016), that when a prior foreclosure action is dismissed and the acceleration is undone, the parties return to their pre-acceleration positions. Each subsequent missed payment generates its own five-year limitations period. A lender whose first case was dismissed can re-file based on a later default within five years — the first acceleration does not permanently time-bar all future actions.

Does a prior foreclosure filing reset the five-year clock?

Under Bartram, if the prior case was dismissed (and the acceleration effectively undone), the lender can re-file based on a later default within five years of that later default. The prior acceleration does not permanently bar the lender — but the new action must be based on a default that falls within the five-year window.

How do I raise the statute of limitations in a Florida foreclosure?

Assert it as an affirmative defense in your Answer or by a pre-answer motion. Courts will not apply it automatically. Once raised, use discovery to establish the exact default date the complaint relies on and the history of any prior acceleration events. A licensed Florida attorney should evaluate the specific dates in your case.

Does the statute of limitations apply to second mortgages and HELOCs too?

Yes. A second mortgage or HELOC is also a written instrument subject to Florida's five-year limitations period under Fla. Stat. § 95.11(2)(c). If a junior lienholder waits more than five years after a payment default to sue, that claim can be time-barred. The same Bartram analysis — each default carrying its own five-year clock — applies to junior lien enforcement actions.

Guides · Foreclosure Defense — Florida

Florida Foreclosure Statute of Limitations: The 5-Year Clock and What Bartram Means

Florida gives lenders five years to sue on a mortgage default — but that clock runs separately for each missed payment. Here is how the rule works, what Bartram actually held, and how to raise a time-bar defense.

8 min read · Updated June 28, 2026

Florida's foreclosure statute of limitations is five years, set by Fla. Stat. § 95.11(2)(c), which covers actions on written instruments — including promissory notes secured by mortgages. That five-year period is firm: a lender that waits too long to sue can find its case dismissed as time-barred. But understanding when the clock starts, and what the Florida Supreme Court's ruling in Bartram means for loans that were once accelerated, is essential before you assert this defense.

The 5-year rule: Fla. Stat. § 95.11(2)(c)

Under Florida law, an action to foreclose on a mortgage — which is an action on a written instrument — must be brought within five years of the date the cause of action accrued. Fla. Stat. § 95.11(2)(c) is the controlling provision. This is shorter than the limitations period in many other states and meaningfully shorter than the limitations period that applied before Florida's legislature reduced it.

When does the five-year clock start?

The clock starts when the cause of action accrues — generally, the date of the default that the lender is suing on. For an installment loan like a mortgage, a separate cause of action accrues on each missed monthly payment. That means if a borrower first defaulted in June 2015 but the lender is suing in 2026 on that same June 2015 default, the claim based on that specific payment may be time-barred.

When a lender accelerates the loan — declares the entire remaining balance due and payable at once — the five-year clock starts running on the full accelerated balance from the date of acceleration. The acceleration is usually triggered by the filing of a foreclosure complaint or a clear written notice of acceleration sent to the borrower.

Bartram v. U.S. Bank — what the Florida Supreme Court actually held

In Bartram v. U.S. Bank, N.A., 211 So. 3d 1009 (Fla. 2016), the Florida Supreme Court addressed a critical question: if a lender files a foreclosure action, the case is dismissed (voluntarily or involuntarily), and the lender later files a new foreclosure action — can the homeowner use the five-year clock from the first acceleration to bar the new case entirely?

The Court held no, with important reasoning: when a prior foreclosure action is dismissed and the acceleration is effectively undone, the parties are restored to their pre-acceleration positions. The borrower still owes the monthly payments; the lender can still enforce each future missed payment as it comes due. Each new missed payment carries its own five-year limitations period. So a lender whose first case was dismissed can re-file based on a later default — even if the first acceleration was more than five years ago — as long as the new action is based on a default within the five-year window.

This is different in direction from how some other states handle this question. In Florida, a dismissed foreclosure does not permanently bar the lender from re-suing on later defaults. The Bartram rule benefits lenders in that regard, but it also means homeowners should evaluate the statute of limitations defense based on the specific default date the current complaint is based on, not just the history of prior filings.

When the statute of limitations defense still works

The defense remains powerful in the right circumstances:

The current complaint is based on a default more than five years old and there has been no dismissal or de-acceleration that would allow re-filing on a later default.
The lender accelerated the full balance more than five years before filing, and the current action seeks to enforce that same accelerated debt without re-basing the claim on a newer default.
The lender's own pleadings or prior court filings establish that the claimed default date falls outside the five-year window.

How to raise the defense

The statute of limitations is an affirmative defense — a court will not apply it on your behalf unless you plead it. It must be raised in your Answer or, in some situations, by a pre-answer motion to dismiss. Once raised, you can use discovery to pin down exactly what default date the complaint is based on, obtain the complaint from any prior foreclosure actions, and trace the timeline of acceleration events. Forcing the lender to produce documentation of when it first accelerated the loan — and on which specific default — is often where this defense is won or lost.

Frequently asked

What is the statute of limitations for foreclosure in Florida?: Five years, under Fla. Stat. § 95.11(2)(c). A lender must file a foreclosure action within five years of the date the cause of action accrued — generally the date of the specific default it is suing on, or the date of acceleration if the full balance was declared due.
What did Bartram v. U.S. Bank hold?: The Florida Supreme Court held in Bartram v. U.S. Bank, N.A., 211 So. 3d 1009 (Fla. 2016), that when a prior foreclosure action is dismissed and the acceleration is undone, the parties return to their pre-acceleration positions. Each subsequent missed payment generates its own five-year limitations period. A lender whose first case was dismissed can re-file based on a later default within five years — the first acceleration does not permanently time-bar all future actions.
Does a prior foreclosure filing reset the five-year clock?: Under Bartram, if the prior case was dismissed (and the acceleration effectively undone), the lender can re-file based on a later default within five years of that later default. The prior acceleration does not permanently bar the lender — but the new action must be based on a default that falls within the five-year window.
How do I raise the statute of limitations in a Florida foreclosure?: Assert it as an affirmative defense in your Answer or by a pre-answer motion. Courts will not apply it automatically. Once raised, use discovery to establish the exact default date the complaint relies on and the history of any prior acceleration events. A licensed Florida attorney should evaluate the specific dates in your case.
Does the statute of limitations apply to second mortgages and HELOCs too?: Yes. A second mortgage or HELOC is also a written instrument subject to Florida's five-year limitations period under Fla. Stat. § 95.11(2)(c). If a junior lienholder waits more than five years after a payment default to sue, that claim can be time-barred. The same Bartram analysis — each default carrying its own five-year clock — applies to junior lien enforcement actions.

72-Hour Foreclosure Response Plan — the 3 deadlines that decide your case

What's inside: your New York answer window, the RPAPL 1304 notice checklist, and the acceleration date that may time-bar the lawsuit. Self-help guide — not a law firm, no advance fee, no guaranteed outcome.

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This guide is self-help educational information, not legal advice, and Health Wealth Stealth is not a law firm. It does not create an attorney-client relationship. Laws and deadlines change and vary by case; consult a licensed attorney in your jurisdiction.