01-1974 BONIS V. COLLINS

State: Florida

Court: Florida Third District Court

Docket No: 01-1974 BONIS V. COLLINS

Case Date: 12/19/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2001

HENRY S. BONIS, Appellant, vs. FAITH COLLINS and IMO IDIKPOL AKPAETI, her husband, Appellee.

** ** ** ** ** ** CASE NO. 3D01-1974 LOWER TRIBUNAL NO. 99-24234

Opinion filed December 19, 2001. An appeal from the Circuit Court for Miami-Dade County, Philip Bloom, Judge. Lionel Barnet, for appellant. Cornelius Shiver, Jr., for appellee. Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ. PER CURIAM. We affirm the trial court's order granting summary judgment in the instant foreclosure action. As the trial court properly found, pursuant to section 95.281(1)(a), Florida Statutes (1999), the mortgage terminated prior to the plaintiff filing the foreclosure

action.1

Section 95.281(1)(a), Florida Statutes (1999), provides as follows: (1) The lien of a mortgage or other instrument encumbering real property, herein called mortgage, except those specified in subsection (5), shall terminate after the expiration of the following periods of time: (a) If the final maturity of an obligation secured by a mortgage is ascertainable from the record of it, 5 years after the date of maturity. 2

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