ejectment action

7/27/2019 Ejectment Action

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EJECTMENT

66.011 Common-law ejectment abolished.

66.021 Procedure.

66.031 Verdict and judgment.66.041 Betterment !etition.

66.0"1 Betterment answer.

66.061 Betterment trial and #erdict.

66.0$1 Betterment judgment %or !lainti%%.

66.0&1 Betterment judgment %or de%endant.

66.0'1 Betterment !a(ment b( !lainti%%.

66.101 Betterment !a(ment b( de%endant.

66.011 Common-law ejectment abolished. ) [In ejectment it is not necessary to hae any

!ictitio"s #arties. $lainti!! may brin% action directly a%ainst the #arty in #ossession or

claimin% adersely.&

66.0'1 $roced"re. )

*1+ ,/,/ //.)5hen it a!!ears be%ore trial that a de%endant in

ejectment is in !ossession as a tenant and that his or her landlord is not a !art( the landlord shall

be made a !art( be%ore %urther !roceeding unless otherwise ordered b( the court.

*2+ / 78 B ,979/.) de%endant in an action o% ejectment ma( limit his or her de%ense to a !art o% the !ro!ert( mentioned in the com!laint describing such !art with

reasonable certaint(.

()* +,IT $//E//IN EEC2TIN T 3E JINT , /E4E,5. )5hen

!lainti%% reco#ers in ejectment he or she ma( ha#e one writ %or !ossession damages and costs or

i% the !lainti%% elects ha#e se!arate writs %or !ossession and damages.

(7* C85IN TITE.):$lainti!! with his or her com#laint and de!endant with his or

her answer shall sere a statement settin% !orth chronolo%ically the chain o! title on which

he or she will rely at trial.& 9% an( !art o% the chain o% title is recorded the statement shall set

%orth the names o% the grantors and the grantees and the boo; and !age o% the record thereo%< i%

an unrecorded instrument is relied on a co!( shall be attached. he court ma( re=uire the

original to be submitted to the o!!osite !art( %or ins!ection. 9% the !art( relies on a claim or right

without color o% title the statement shall s!eci%( how and when the claim originated and the %acts

on which the claim is based. 9% de%endant and !lainti%% claim under a common source the

statement need not deraign title be%ore the common source.



(9* TE/TIN: /2ICIENC;. )9% either !art( wants to test the legal su%%icienc( o% an(

instrument or court !roceeding in the chain o% title o% the o!!osite !art( the !art( shall do so

be%ore trial b( motion setting u! his or her objections with a co!( o% the instrument or court

!roceedings attached. he motion shall be dis!osed o% be%ore trial. 9% either !art( determines that

he or she will be unable to maintain his or her claim b( reason o% the order that !art( ma( so

state in the record and %inal judgment shall be entered %or the o!!osite !art(.

66.0)1 4erdict and j"d%ment. )

*1+ V/9C.) #erdict %or !lainti%% shall state the =uantit( o% the estate o% !lainti%% and

describe the land b( metes and bounds lot number or other certain descri!tion.

*2+ >?/@7.)he judgment awarding !ossession shall state the =uantit( o% the estate

and gi#e a descri!tion o% the land reco#ered in li;e manner.

66.071 3etterment< #etition. )9% a judgment o% e#iction is rendered against de%endant

within 60 da(s therea%ter or i% he or she has a!!ealed within 20 da(s a%ter %iling the mandate

a%%irming the judgment de%endant ma( %ile in the court in which the judgment was rendered

a !etition setting %orth thatA

*1+ /e%endant had been in !ossession and that he or she or those under whom de%endant

#alidl( deri#ed had !ermanentl( im!ro#ed the #alue o% the !ro!ert( in contro#ers( be%ore

commencement o% the action in which judgment was rendered<

*2+ /e%endant or those under whom de%endant #alidl( deri#es held the !ro!ert( at the time

o% such im!ro#ement under an a!!arentl( good legal or e=uitable title deri#ed %rom the

nglish !anish or ?nited tates @o#ernments or this state< or under a legal or e=uitable

title !lain and connected on the records o% a !ublic o%%ice or !ublic o%%ices< or under !urchase

at a regular sale made b( an eecutor administrator guardian or other !erson b( order o%

court< and

*3+ 5hen de%endant made the im!ro#ements or !urchased the !ro!ert( im!ro#ed he or she

belie#ed the title which he or she held or !urchased to the land thus im!ro#ed to be a good

and #alid title. he !etition shall demand that the #alue o% the im!ro#ements be assessed and

com!ensation awarded to de%endant there%or.

66.091 3etterment< answer. )he !lainti%% in the judgment o% e#iction ma( %ile written

de%enses to the !etition within 20 da(s a%ter ser#ice o% the !etition.



66.061 3etterment< trial and erdict. )9% an answer is %iled trial shall be on the issues

made. 9% no answer is %iled trial shall be e !arte but de%endant is re=uired to !ro#e e#er(

allegation o% the !etition. 9% the jur( *or i% a jur( is wai#ed the court+ %inds in %a#or o%

de%endant it shall assessA

*1+ he #alue o% the land at the time o% the assessment irres!ecti#e o% the im!ro#ements

!ut u!on the land b( de%endant or those under whom he or she deri#es and i% an( the injur(

done to the land b( de%endant or those under whom he or she deri#es.

*2+ he #alue o% the !ermanent im!ro#ements at the time o% the assessment.

*3+ he injur( i% an( done to the land b( de%endant or those under whom he or she deri#es.

*4+ he #alue o% the use o% the land b( de%endant between the time o% the judgment in

ejectment and the time o% the assessment or i% de%endant has been e#icted %rom or has

surrendered the !remises %rom the time o% the judgment to the time o% the surrender or

e#iction. he %indings shall be s!eci%ied se!aratel( on each o% these matters.

66.0=1 3etterment< j"d%ment !or #lainti!!. )n rendition o% the #erdict the cler; shall

ascertain whether the balance o% the last three assessments *that is o% the #alue o% the

im!ro#ements the etent o% the injur( and the #alue o% the use o% land+ is in %a#or o%

!lainti%% or de%endant and ascertain the amount o% the balance< i% the #erdict is in %a#or o%

!lainti%% judgment shall be rendered against de%endant %or costs whether the balance o% the

assessments is in %a#or o% !lainti%% or de%endant< but i% the balance o% the assessments is in

%a#or o% !lainti%% he or she shall ha#e a judgment %or costs in addition to the judgment %or the

balance.

66.0>1 3etterment< j"d%ment !or de!endant. )9% the #erdict is in %a#or o% de%endant and

the balance o% assessments is also in de%endants %a#or a judgment %or costs shall be entered

against !lainti%% and a %urther judgment that unless !lainti%% !a(s or secures as hereina%ter

!ro#ided the amount o% the balance o% assessments against him or her within 20 da(s

de%endant ma( !a( or secure to !lainti%% the #alue o% the land as assessed.

66.0?1 3etterment< #ayment by #lainti!!. )he !lainti%% ma( !a( the balance in cash or ma( gi#e de%endant a bond with suret( to be a!!ro#ed b( the cler; conditioned to !a( said

balance in two e=ual annual installments with interest at 6 !ercent !er annum to de%endant.

9% !lainti%% shall !a( the sum within 20 da(s or i% the !a(ment o% the bond is recei#ed

satis%action o% the judgment shall be entered and all rights con%erred on de%endant b( the

judgment terminate.



66.101 3etterment< #ayment by de!endant. )9% !lainti%% does not !a( or secure the sum

within 20 da(s within 20 da(s therea%ter de%endant ma( !a( to !lainti%% the #alue o% the land

as assessed or gi#e !lainti%% a bond with suret( to be a!!ro#ed b( the cler; conditioned to

!a( !lainti%% the #alue in two e=ual annual installments with 6 !ercent interest< or i% !lainti%%

%ails to !a( the bond gi#en b( him or her when it becomes due %or 20 da(s a%ter the

e!iration o% the time %ied in the bond %or !a(ment de%endant shall again ha#e the !ri#ilege

o% !a(ing to !lainti%% in cash the #alue o% the land assessed. n the !a(ment o% the sum to

!lainti%% at an( o% the times hereinbe%ore mentioned title to the land shall #est in de%endant

and !lainti%% or those holding under him or her shall gi#e de%endant a deed to the land

tenements hereditaments and a!!urtenances and i% de%endant has been e#icted %rom or has

surrendered the !ro!ert( it shall be restored to him or her b( order o% court on motion.



,CI3E ENT,; 5N@ 2N5+2 @ET5INE,

&2.01 D?nlaw%ul entr( and %orcible entr(E de%ined.

&2.02 D?nlaw%ul entr( and unlaw%ul detentionE de%ined.

&2.03 emed( %or unlaw%ul entr( and %orcible entr(.&2.04 emed( %or unlaw%ul detention.

&2.0" Fuestions in#ol#ed in this !roceeding.

&2.061 Process.

&2.0$1 rial< e#idence as to damages.

&2.0&1 rial< %orm o% #erdict.

&2.0'1 >udgment and eecution.

&2.101 %%ect o% judgment.

>'.01 A2nlaw!"l entry and !orcible entryB de!ined. )o !erson shall enter into an( lands or tenements ece!t when entr( is gi#en b( law nor shall an( !erson when entr( is gi#en b( law

enter with strong hand or with multitude o% !eo!le but onl( in a !eaceable eas( and o!en

manner.

>'.0' A2nlaw!"l entry and "nlaw!"l detentionB de!ined. )

*1+ o !erson who enters without consent in a !eaceable eas( and o!en manner into an( lands

or tenements shall hold them a%terwards against the consent o% the !art( entitled to !ossession.

*2+ his section shall not a!!l( with regard to residential tenancies.

>'.0) ,emedy !or "nlaw!"l entry and !orcible entry. )9% an( !erson enters or has entered

into lands or tenements when entr( is not gi#en b( law or i% an( !erson enters or has entered into

an( lands or tenements with strong hand or with multitude o% !eo!le e#en when entr( is gi#en

b( law the !art( turned out or de!ri#ed o% !ossession b( the unlaw%ul or %orcible entr( b(

whate#er right or title the !art( held !ossession or whate#er estate the !art( held or claimed in

the lands or tenements o% which he or she was so dis!ossessed is entitled to the summar(

!rocedure under s. "1.011 within 3 (ears therea%ter.

>'.07 ,emedy !or "nlaw!"l detention. )

*1+ 9% an( !erson enters or has entered in a !eaceable manner into an( lands or tenements when

the entr( is law%ul and a%ter the e!iration o% the !ersons right continues to hold them against

the consent o% the !art( entitled to !ossession the !art( so entitled to !ossession is entitled to the

summar( !rocedure under s. "1.011 at an( time within 3 (ears a%ter the !ossession has been

withheld %rom the !art( against his or her consent.

*2+ his section shall not a!!l( with regard to residential tenancies.



>'.09 "estions inoled in this #roceedin%. )o =uestion o% title but onl( right o%

!ossession and damages is in#ol#ed in the action.

>'.061 $rocess. )9% no !erson can be %ound at the usual !lace o% residence o% de%endant

summons ma( be ser#ed b( !osting a co!( in a cons!icuous !lace on the !ro!ert( described in

the com!laint and summons.

>'.0=1 Trial eidence as to dama%es. )t trial e#idence shall be admitted about the monthl(

rental #alue o% the !remises and i% !lainti%% reco#ers the jur( shall %i the !lainti%%s damages at

double the rental #alue o% the !remises %rom the time o% the unlaw%ul or wrong%ul holding but

the damages in no action o% detainer shall be %ied at more than rental #alue o% the !remises

unless the jur( is satis%ied that such detention is will%ul and ;nowingl( wrong%ul.

>'.0>1 Trial !orm o! erdict. )

*1+ 9 C C9B, ?,5?, 8.)9n %orcible or unlaw%ul entr( the

%orm o% #erdict shall be substantiall( as %ollowsA

5e the jur( %ind that de%endant did *or did not+ within 3 (ears net be%ore the %iling o% the

com!laint %orcibl( *or unlaw%ull(+ enter u!on the real estate mentioned in the com!laint and

turn !lainti%% out o% !ossession< that de%endant did *or did not+ continue to hold !ossession at the

date o% the com!laint< and we assess the damages o% !lainti%% at dollars.

*2+ 9 C ?,5?, /9.)he %orm o% #erdict in unlaw%ul detainer shall

be substantiall( as %ollowsA

5e the jur( %ind that the de%endant did *or did not+ at the time o% %iling the com!laint

wrong%ull( hold !ossession o% the real estate mentioned in the com!laint against the consent o% !lainti%% that de%endant has *or has not+ so held !ossession thereo% against the consent o% !lainti%%

within 3 (ears net be%ore the %iling o% the com!laint< and that !lainti%% has *or has not+ the right

o% !ossession in the real estate and we assess the damage o% !lainti%% at dollars.

[This s"bsection shall not a##ly with re%ard to residential tenancies.&

>'.0?1 J"d%ment and eDec"tion. )9% the #erdict is in %a#or o% !lainti%% the court shall enter

judgment that !lainti%% reco#er !ossession o% the !ro!ert( described in the com!laint with his or

her damages and costs and shall award a writ o% !ossession to be eecuted without dela( and

eecution %or !lainti%%s damages and costs. 9% the #erdict is %or de%endant the court shall enter judgment against !lainti%% dismissing the com!laint and order that de%endant reco#er costs.

>'.101 E!!ect o! j"d%ment. ) [No j"d%ment rendered either !or #lainti!! or de!endant bars

any action o! tres#ass !or inj"ry to the #ro#erty or ejectment between the same #arties

res#ectin% the same #ro#erty.& o #erdict is [concl"sie& o% the %acts therein %ound in an(

action o% tres!ass or ejectment.



IMIT5TIN/ 5CTIN/ 5@4E,/E $//E//IN

'".011 !!licabilit(.

'".03 Contracts shortening time.

'".031 Com!utation o% time.'".04 Promise to !a( barred debt.

'".0"1 5hen limitations tolled.

'".0'1 ,imitation on actions to collect taes.

'".10 Cause o% action arising in another state.

'".11 ,imitations other than %or the reco#er( o% real !ro!ert(.

'".111 ,imitations a%ter death o% a !erson ser#ed b( !ublication.

'".12 eal !ro!ert( actions.

'".13 eal !ro!ert( actions< !ossession b( legal owner !resumed.

'".14 eal !ro!ert( actions< limitation u!on action %ounded u!on title.

'".16 eal !ro!ert( actions< ad#erse !ossession under color o% title.

'".1& eal !ro!ert( actions< ad#erse !ossession without color o% title.

'".1'1 ,imitations when ta deed holder in !ossession.

'".1'2 ,imitation u!on acting against ta deeds.

'".21 d#erse !ossession against lands !urchased at sales made b( eecutors.

'".22 ,imitation u!on claims b( remaining heirs when deed made b( one or more.

'".231 ,imitations where deed or will on record.

'".2&1 ,imitations< instruments encumbering real !ro!ert(.'".3" ermination o% contracts to !urchase real estate in which there is no maturit( date.

'".36 /edications to munici!alities or counties %or !ar; !ur!oses.

'".361 oads !resumed to be dedicated.

?9.011 5##licability. ) ci#il action or !roceeding called DactionE in this cha!ter including

one brought b( the state a !ublic o%%icer a !olitical subdi#ision o% the state a munici!alit( a

!ublic cor!oration or bod( cor!orate or an( agenc( or o%%icer o% an( o% them or an( other

go#ernmental authorit( shall be barred unless begun within the time !rescribed in this cha!ter

or i% a di%%erent time is !rescribed elsewhere in these statutes within the time !rescribed

elsewhere.

?9.0) Contracts shortenin% time. )n( !ro#ision in a contract %iing the !eriod o% time

within which an action arising out o% the contract ma( be begun at a time less than that !ro#ided

b( the a!!licable statute o% limitations is #oid.



?9.0)1 Com#"tation o! time. )ce!t as !ro#ided in subsection *2+ and in s. '".0"1 and

elsewhere in these statutes the time within which an action shall be begun under an( statute o%

limitations runs %rom the time the cause o% action accrues.

*1+ cause o% action accrues when the last element constituting the cause o% action occurs. or

the !ur!oses o% this cha!ter the last element constituting a cause o% action on an obligation or

liabilit( %ounded on a negotiable or nonnegotiable note !a(able on demand or a%ter date with no

s!eci%ic maturit( date s!eci%ied in the note and the last element constituting a cause o% action

against an( endorser guarantor or other !erson secondaril( liable on an( such obligation or

liabilit( %ounded on an( such note [is the !irst written demand !or #ayment& notwithstanding

that the endorser guarantor or other !erson secondaril( liable has eecuted a se!arate writing

e#idencing such liabilit(.

*2+*a+ n action %ounded u!on %raud under s. '".11*3+ including constructi#e %raud must be

begun within the !eriod !rescribed in this cha!ter with the !eriod running %rom the time the%acts gi#ing rise to the cause o% action were disco#ered or should ha#e been disco#ered with the

eercise o% due diligence instead o% running %rom an( date !rescribed elsewhere in s. '".11*3+

but in an( e#ent an action %or %raud under s. '".11*3+ must be begun within 12 (ears a%ter the

date o% the commission o% the alleged %raud regardless o% the date the %raud was or should ha#e

been disco#ered.

*b+ n action %or !roducts liabilit( under s. '".11*3+ must be begun within the !eriod

!rescribed in this cha!ter with the !eriod running %rom the date that the %acts gi#ing rise to the

cause o% action were disco#ered or should ha#e been disco#ered with the eercise o% due

diligence rather than running %rom an( other date !rescribed elsewhere in s. '".11*3+ ece!t as

!ro#ided within this subsection. ?nder no circumstances ma( a claimant commence an action %or

!roducts liabilit( including a wrong%ul death action or an( other claim arising %rom !ersonal

injur( or !ro!ert( damage caused b( a !roduct to reco#er %or harm allegedl( caused b( a

!roduct with an e!ected use%ul li%e o% 10 (ears or less i% the harm was caused b( e!osure to or

use o% the !roduct more than 12 (ears a%ter deli#er( o% the !roduct to its %irst !urchaser or lessee

who was not engaged in the business o% selling or leasing the !roduct or o% using the !roduct as a

com!onent in the manu%acture o% another !roduct. ll !roducts ece!t those included within

sub!aragra!h 1. or sub!aragra!h 2. are conclusi#el( !resumed to ha#e an e!ected use%ul li%e o% 10 (ears or less.

1. ircra%t used in commercial or contract carr(ing o% !assengers or %reight #essels o% more

than 100 gross tons railroad e=ui!ment used in commercial or contract carr(ing o% !assengers or

%reight and im!ro#ements to real !ro!ert( including ele#ators and escalators are not subject to

the statute o% re!ose !ro#ided within this subsection.



2. n( !roduct not listed in sub!aragra!h 1. which the manu%acturer s!eci%icall( warranted

through e!ress re!resentation or labeling as ha#ing an e!ected use%ul li%e eceeding 10 (ears

has an e!ected use%ul li%e commensurate with the time !eriod indicated b( the warrant( or label.

?nder such circumstances no action %or !roducts liabilit( ma( be brought a%ter the e!ected

use%ul li%e o% the !roduct or more than 12 (ears a%ter deli#er( o% the !roduct to its %irst !urchaser

or lessee who was not engaged in the business o% selling or leasing the !roduct or o% using the

!roduct as a com!onent in the manu%acture o% another !roduct whiche#er is later.

3. 5ith regard to those !roducts listed in sub!aragra!h 1. ece!t %or escalators ele#ators and

im!ro#ements to real !ro!ert( no action %or !roducts liabilit( ma( be brought more than 20

(ears a%ter deli#er( o% the !roduct to its %irst !urchaser or lessor who was not engaged in the

business o% selling or leasing the !roduct or o% using the !roduct as a com!onent in the

manu%acture o% another !roduct. Gowe#er i% the manu%acturer s!eci%icall( warranted through

e!ress re!resentation or labeling that the !roduct has an e!ected use%ul li%e eceeding 20(ears the re!ose !eriod shall be the time !eriod warranted in re!resentations or label.

*c+ he re!ose !eriod !rescribed in !aragra!h *b+ does not a!!l( i% the claimant was e!osed to

or used the !roduct within the re!ose !eriod but an injur( caused b( such e!osure or use did

not mani%est itsel% until a%ter e!iration o% the re!ose !eriod.

*d+ he re!ose !eriod !rescribed within !aragra!h *b+ is tolled %or an( !eriod during which the

manu%acturer through its o%%icers directors !artners or managing agents had actual ;nowledge

that the !roduct was de%ecti#e in the manner alleged b( the claimant and too; a%%irmati#e ste!s to

conceal the de%ect. n( claim o% concealment under this section shall be made with s!eci%icit(

and must be based u!on substantial %actual and legal su!!ort. 7aintaining the con%identialit( o%

trade secrets does not constitute concealment under this section.

?9.07 $romise to #ay barred debt. )n ac;nowledgment o% or !romise to !a( a debt barred

b( a statute o% limitations must be in writing and signed b( the !erson sought to be charged.

?9.091 +hen limitations tolled. )

*1+ he running o% the time under an( statute o% limitations ece!t ss. '".2&1 '".3" and '".36

is tolled b(A

*a+ bsence %rom the state o% the !erson to be sued.

*b+ ?se b( the !erson to be sued o% a %alse name that is un;nown to the !erson entitled to sue

so that !rocess cannot be ser#ed on the !erson to be sued.

*c+ Concealment in the state o% the !erson to be sued so that !rocess cannot be ser#ed on him or

her.



*d+ he adjudicated inca!acit( be%ore the cause o% action accrued o% the !erson entitled to sue.

9n an( e#ent the action must be begun within $ (ears a%ter the act e#ent or occurrence gi#ing

rise to the cause o% action.

*e+ Voluntar( !a(ments b( the alleged %ather o% the child in !aternit( actions during the time o%

the !a(ments.

*%+ he !a(ment o% an( !art o% the !rinci!al or interest o% an( obligation or liabilit( %ounded on

a written instrument.

*g+ he !endenc( o% an( arbitral !roceeding !ertaining to a dis!ute that is the subject o% the

action.

*h+ he !eriod o% an inter#ening ban;ru!tc( tolls the e!iration !eriod o% a ta certi%icate under

s. 1'$.4&2 and an( !roceeding or !rocess under cha!ter 1'$.

*i+ he minorit( or !re#iousl( adjudicated inca!acit( o% the !erson entitled to sue during an(

!eriod o% time in which a !arent guardian or guardian ad litem does not eist has an interestad#erse to the minor or inca!acitated !erson or is adjudicated to be inca!acitated to sue< ece!t

with res!ect to the statute o% limitations %or a claim %or medical mal!ractice as !ro#ided in s.

'".11. 9n an( e#ent the action must be begun within $ (ears a%ter the act e#ent or occurrence

gi#ing rise to the cause o% action.

Paragra!hs *a+-*c+ shall not a!!l( i% ser#ice o% !rocess or ser#ice b( !ublication can be made in a

manner su%%icient to con%er jurisdiction to grant the relie% sought. his section shall not be

construed to limit the abilit( o% an( !erson to initiate an action within 30 da(s a%ter the li%ting o%

an automatic sta( issued in a ban;ru!tc( action as is !ro#ided in 11 ?..C. s. 10&*c+.*2+ disabilit( or other reason does not toll the running o% an( statute o% limitations ece!t

those s!eci%ied in this section s. '".0'1 the lorida Probate Code or the lorida @uardianshi!

,aw.

?9.0?1 imitation on actions to collect taDes. )

*1+*a+ ce!t %or taes %or which certi%icates ha#e been sold taes enumerated in s. $2.011 or

ta liens issued under s. 1'6.161 or s. 443.141 an( ta lien granted b( law to the state or an( o%

its !olitical subdi#isions an( munici!alit( an( !ublic cor!oration or bod( !olitic or an( other

entit( ha#ing authorit( to le#( and collect taes e!ires " (ears a%ter the date the ta is assessed

or becomes delin=uent whiche#er is later. n action to collect an( ta ma( not be commenced

a%ter the e!iration o% the lien securing the !a(ment o% the ta.



*b+ n( ta lien granted b( law to the state or an( o% its !olitical subdi#isions %or an( ta

enumerated in s. $2.011 or an( ta lien im!osed under s. 1'6.161 e!ires 20 (ears a%ter the last

date the ta ma( be assessed a%ter the ta becomes delin=uent or a%ter the %iling o% a ta

warrant whiche#er is later. n action to collect an( ta enumerated in s. $2.011 ma( not be

commenced a%ter the e!iration o% the lien securing the !a(ment o% the ta.

*2+ 9% a lien to secure the !a(ment o% a ta is not !ro#ided b( law an action to collect the ta

ma( not be commenced 1a%ter " (ears %ollowing the date the ta is assessed or becomes

delin=uent whiche#er is later.

*3+*a+ 5ith the ece!tion o% taes le#ied under cha!ter 1'& and ta adjustments made !ursuant

to ss. 220.23 and 624."0'21 the /e!artment o% e#enue ma( determine and assess the amount

o% an( ta !enalt( or interest due under an( ta enumerated in s. $2.011 which it has authorit(

to administer and the /e!artment o% Business and Pro%essional egulation ma( determine and

assess the amount o% an( ta !enalt( or interest due under an( ta enumerated in s. $2.011which it has authorit( to administerA

1.a. or taes due be%ore >ul( 1 1''' within " (ears a%ter the date the ta is due an( return

with res!ect to the ta is due or such return is %iled whiche#er occurs later< and %or taes due on

or a%ter >ul( 1 1''' within 3 (ears a%ter the date the ta is due an( return with res!ect to the ta

is due or such return is %iled whiche#er occurs later<

b. %%ecti#e >ul( 1 2002 notwithstanding sub-sub!aragra!h a. within 3 (ears a%ter the date the

ta is due an( return with res!ect to the ta is due or such return is %iled whiche#er occurs later<

2. or taes due be%ore >ul( 1 1''' within 6 (ears a%ter the date the ta!a(er ma;es a

substantial under!a(ment o% ta or %iles a substantiall( incorrect return<

3. t an( time while the right to a re%und or credit o% the ta is a#ailable to the ta!a(er<

4. or taes due be%ore >ul( 1 1''' at an( time a%ter the ta!a(er %iled a grossl( %alse return<

". t an( time a%ter the ta!a(er %ailed to ma;e an( re=uired !a(ment o% the ta %ailed to %ile a

re=uired return or %iled a %raudulent return ece!t that %or taes due on or a%ter >ul( 1 1''' the

limitation !rescribed in sub!aragra!h 1. a!!lies i% the ta!a(er disclosed in writing the ta

liabilit( to the de!artment be%ore the de!artment contacts the ta!a(er< or

6. 9n an( case in which a re%und o% ta has erroneousl( been made %or an( reasonA

a. or re%unds made be%ore >ul( 1 1''' within " (ears a%ter ma;ing such re%und< and b. or re%unds made on or a%ter >ul( 1 1''' within 3 (ears a%ter ma;ing such re%undor at an( time a%ter ma;ing such re%und i% it a!!ears that an( !art o% the re%und was induced b(

%raud or the misre!resentation o% a material %act.

*b+ or the !ur!ose o% this !aragra!h a ta return %iled be%ore the last da( !rescribed b( law

including an( etension thereo% is deemed to ha#e been %iled on such last da( and !a(ments

made be%ore the last da( !rescribed b( law are deemed to ha#e been !aid on such last da(.



*4+ 9% administrati#e or judicial !roceedings %or re#iew o% the ta assessment or collection are

initiated b( a ta!a(er within the !eriod o% limitation !rescribed in this section the running o%

the !eriod is tolled during the !endenc( o% the !roceeding. dministrati#e !roceedings include

ta!a(er !rotest !roceedings initiated under s. 213.21 and de!artment rules.

1Note. )s amended b( s. 2 ch. 2010-13&. he amendment b( s. 4 ch. 2010-'0 used the

language D" (ears a%ter the dateE instead o% Da%ter " (ears %ollowing the date.E

?9.10 Ca"se o! action arisin% in another state. )5hen the cause o% action arose in another

state or territor( o% the ?nited tates or in a %oreign countr( and its laws %orbid the maintenance

o% the action because o% la!se o% time no action shall be maintained in this state.

?9.11 imitations other than !or the recoery o! real #ro#erty. )ctions other than %or

reco#er( o% real !ro!ert( shall be commenced as %ollowsA

*1+ 59G9 58 8.)n action on a judgment or decree o% a court o% record inthis state.

*2+ 59G9 9V 8.)

*a+ n action on a judgment or decree o% an( court not o% record o% this state or an( court o%

the ?nited tates an( other state or territor( in the ?nited tates or a %oreign countr(.

*b+ legal or e=uitable action on a contract obligation or liabilit( %ounded on a written

instrument ece!t %or an action to en%orce a claim against a !a(ment bond which shall be

go#erned b( the a!!licable !ro#isions o% ss. 2"".0"*10+ and $13.23*1+*e+.

*c+ n action to %oreclose a mortgage.

*d+ n action alleging a will%ul #iolation o% s. 44&.110.

*e+ otwithstanding !aragra!h *b+ an action %or breach o% a !ro!ert( insurance contract with

the !eriod running %rom the date o% loss.

()* +IT8IN 2, ;E5,/.

*a+ n action %ounded on negligence.

*b+ n action relating to the determination o% !aternit( with the time running %rom the date the

child reaches the age o% majorit(.



*b+ n action to en%orce an e=uitable lien arising %rom the %urnishing o% labor ser#ices or

material %or the im!ro#ement o% real !ro!ert(.

*c+ n action to en%orce rights under the ?ni%orm Commercial Code),etters o% Credit

cha!ter 6$".

*d+ n action against an( guarant( association and its insured with the !eriod running %rom the

date o% the deadline %or %iling claims in the order o% li=uidation.

*e+ n action to en%orce an( claim against a !a(ment bond on which the !rinci!al is a

contractor subcontractor or sub-subcontractor as de%ined in s. $13.01 %or !ri#ate wor; as well

as !ublic wor; %rom the last %urnishing o% labor ser#ices or materials or %rom the last %urnishing

o% labor ser#ices or materials b( the contractor i% the contractor is the !rinci!al on a bond on the

same construction !roject whiche#er is later.

*%+ ce!t %or actions described in subsection *&+ a !etition %or etraordinar( writ other than a

!etition challenging a criminal con#iction %iled b( or on behal% o% a !risoner as de%ined in s."$.0&".

*g+ ce!t %or actions described in subsection *&+ an action brought b( or on behal% o% a

!risoner as de%ined in s. "$.0&" relating to the conditions o% the !risoners con%inement.

*6+ ,CG.),aches shall bar an( action unless it is commenced within the time !ro#ided

%or legal actions concerning the same subject matter regardless o% lac; o% ;nowledge b( the

!erson sought to be held liable that the !erson alleging liabilit( would assert his or her rights and

whether the !erson sought to be held liable is injured or !rejudiced b( the dela(. his subsection

shall not a%%ect a!!lication o% laches at an earlier time in accordance with law.

?9.1' ,eal #ro#erty actions. ) [No action to recoer real #ro#erty or its #ossession shall

be maintained "nless the #erson seeGin% recoery or the #ersonHs ancestor< #redecessor< or

%rantor was seied or #ossessed o! the #ro#erty within = years be!ore the commencement o!

the action.&

?9.1) ,eal #ro#erty actions #ossession by le%al owner #res"med. )9n e#er( action to

reco#er real !ro!ert( or its !ossession the !erson establishing legal title to the !ro!ert( shall be

!resumed to ha#e been !ossessed o% it within the time !rescribed b( law. he occu!ation o% the

!ro!ert( b( an( other !erson shall be in subordination to the legal title unless the !ro!ert( was

!ossessed ad#ersel( to the legal title %or $ (ears be%ore the commencement o% the action.

?9.17 ,eal #ro#erty actions limitation "#on action !o"nded "#on title. )o cause o%

action or de%ense to an action %ounded on the title to real !ro!ert( or to rents or ser#ice %rom it

shall be maintained unlessA



*1+ he !erson !rosecuting the action or ma;ing the de%ense or under whose title the action is

!rosecuted or the de%ense is made or the ancestor !redecessor or grantor o% the !erson was

seiHed or !ossessed o% the real !ro!ert( within $ (ears be%ore commencement o% the action< or

*2+ itle to the real !ro!ert( was deri#ed %rom the ?nited tates or the state within $ (ears

be%ore commencement o% the action. he time under this subsection shall not begin to run until

the con#e(ance o% the title %rom the state or the ?nited tates.

?9.16 ,eal #ro#erty actions aderse #ossession "nder color o! title. )

*1+ 5hen the occu!ant or those under whom the occu!ant claims entered into !ossession o%

real !ro!ert( under a claim o% title eclusi#e o% an( other right %ounding the claim on a written

instrument as being a con#e(ance o% the !ro!ert( or on a decree or judgment and has %or $ (ears

been in continued !ossession o% the !ro!ert( included in the instrument decree or judgment the

!ro!ert( is held ad#ersel(. 9% the !ro!ert( is di#ided into lots the !ossession o% one lot shall not be deemed a !ossession o% an( other lot o% the same tract. d#erse !ossession commencing a%ter

/ecember 31 1'4" shall not be deemed ad#erse !ossession under color o% title until the

instrument u!on which the claim o% title is %ounded is recorded in the o%%ice o% the cler; o% the

circuit court o% the count( where the !ro!ert( is located.

*2+ or the !ur!ose o% this section !ro!ert( is deemed !ossessed in an( o% the %ollowing casesA

*a+ 5hen it has been usuall( culti#ated or im!ro#ed.

*b+ 5hen it has been !rotected b( a substantial enclosure. ll land !rotected b( the enclosure

must be included within the descri!tion o% the !ro!ert( in the written instrument judgment or

decree. 9% onl( a !ortion o% the land !rotected b( the enclosure is included within the descri!tion

o% the !ro!ert( in the written instrument judgment or decree onl( that !ortion is deemed

!ossessed.

*c+ 5hen although not enclosed it has been used %or the su!!l( o% %uel or %encing timber %or

husbandr( or %or the ordinar( use o% the occu!ant.

*d+ 5hen a ;nown lot or single %arm has been !artl( im!ro#ed the !art that has not been

cleared or enclosed according to the usual custom o% the count( is to be considered as occu!ied

%or the same length o% time as the !art im!ro#ed or culti#ated.

1?9.1> ,eal #ro#erty actions aderse #ossession witho"t color o! title. )

*1+ 5hen the occu!ant has or those under whom the occu!ant claims ha#e been in actual

continued occu!ation o% real !ro!ert( %or $ (ears under a claim o% title eclusi#e o% an( other

right but not %ounded on a written instrument judgment or decree the !ro!ert( actuall(

occu!ied is held ad#ersel( i% the !erson claiming ad#erse !ossession made a return as re=uired

under subsection *3+ o% the !ro!ert( b( !ro!er legal descri!tion to the !ro!ert( a!!raiser o% the



count( where it is located within 1 (ear a%ter entering into !ossession and has subse=uentl( !aid

subject to s. 1'$.333" all taes and matured installments o% s!ecial im!ro#ement liens le#ied

against the !ro!ert( b( the state count( and munici!alit(.

*2+ or the !ur!ose o% this section !ro!ert( is deemed to be !ossessed i% the !ro!ert( has beenA

*a+ Protected b( substantial enclosure<

*b+ Culti#ated or im!ro#ed in a usual manner< or

*c+ ccu!ied and maintained.

*3+ !erson claiming ad#erse !ossession under this section must ma;e a return o% the !ro!ert(

b( !ro#iding to the !ro!ert( a!!raiser a uni%orm return on a %orm !ro#ided b( the /e!artment o%

e#enue. he return must include all o% the %ollowingA

*a+ he name and address o% the !erson claiming ad#erse !ossession.

*b+ he date that the !erson claiming ad#erse !ossession entered into !ossession o% the

!ro!ert(.*c+ %ull and com!lete legal descri!tion o% the !ro!ert( that is subject to the ad#erse

!ossession claim.

*d+ notariHed attestation clause that statesA

?/ P,8 P>?8 9 /C, G 9 GV / G

@9@ ? / G G C / 9 9 ? /

CC.

*e+ descri!tion o% the use o% the !ro!ert( b( the !erson claiming ad#erse !ossession.

*%+ recei!t to be com!leted b( the !ro!ert( a!!raiser.

he !ro!ert( a!!raiser shall re%use to acce!t a return i% it does not com!l( with this subsection.

he eecuti#e director o% the /e!artment o% e#enue is authoriHed and all conditions are

deemed met to ado!t emergenc( rules under ss. 120."36*1+ and 120."4*4+ %or the !ur!ose o%

im!lementing this subsection. he emergenc( rules shall remain in e%%ect %or 6 months a%ter

ado!tion and ma( be renewed during the !endenc( o% !rocedures to ado!t rules addressing the

subject o% the emergenc( rules.

*4+ ?!on the submission o% a return the !ro!ert( a!!raiser shallA*a+ end #ia regular mail a co!( o% the return to the owner o% record o% the !ro!ert( that is

subject to the ad#erse !ossession claim as identi%ied b( the !ro!ert( a!!raisers records.

*b+ 9n%orm the owner o% record that under s. 1'$.333" an( ta !a(ment made b( the owner o%

record be%ore !ril 1 %ollowing the (ear in which the ta is assessed will ha#e !riorit( o#er an(

ta !a(ment made b( an ad#erse !ossessor.



*c+ dd a notation at the beginning o% the %irst line o% the legal descri!tion on the ta roll that

an ad#erse !ossession claim has been submitted.

*d+ 7aintain the return in the !ro!ert( a!!raisers records.

*"+*a+ 9% a !erson ma;es a claim o% ad#erse !ossession under this section against a !ortion o% a

!arcel o% !ro!ert( identi%ied b( a uni=ue !arcel identi%ication number in the !ro!ert( a!!raisers

recordsA

1. he !erson claiming ad#erse !ossession shall include in the return submitted under

subsection *3+ a %ull and com!lete legal descri!tion o% the !ro!ert( su%%icient to enable the

!ro!ert( a!!raiser to identi%( the !ortion o% the !ro!ert( subject to the ad#erse !ossession claim.

2. he !ro!ert( a!!raiser ma( re%use to acce!t the return i% the !ortion o% the !ro!ert( subject

to the claim cannot be identi%ied b( the legal descri!tion !ro#ided in the return and the !erson

claiming ad#erse !ossession must obtain a sur#e( o% the !ortion o% the !ro!ert( subject to the

claim in order to submit the return.*b+ ?!on submission o% the return the !ro!ert( a!!raiser shall %ollow the !rocedures under

subsection *4+ and ma( not create a uni=ue !arcel identi%ication number %or the !ortion o%

!ro!ert( subject to the claim.

*c+ he !ro!ert( a!!raiser shall assign a %air and just #alue to the !ortion o% the !ro!ert( as

!ro#ided in s. 1'3.011 and !ro#ide this #alue to the ta collector to %acilitate ta !a(ment under

s. 1'$.333"*3+.

*6+*a+ 9% a !erson ma;es a claim o% ad#erse !ossession under this section against !ro!ert( to

which the !ro!ert( a!!raiser has not assigned a !arcel identi%ication numberA

1. he !erson claiming ad#erse !ossession must include in the return submitted under

subsection *3+ a %ull and com!lete legal descri!tion o% the !ro!ert( which is su%%icient to enable

the !ro!ert( a!!raiser to identi%( the !ro!ert( subject to the ad#erse !ossession claim.

2. he !ro!ert( a!!raiser ma( re%use to acce!t a return i% the !ro!ert( subject to the claim

cannot be identi%ied b( the legal descri!tion !ro#ided in the return and the !erson claiming

ad#erse !ossession must obtain a sur#e( o% the !ro!ert( subject to the claim in order to submit

the return.

*b+ ?!on submission o% the return the !ro!ert( a!!raiser shallA

1. ssign a !arcel identi%ication number to the !ro!ert( and assign a %air and just #alue to the !ro!ert( as !ro#ided in s. 1'3.011<

2. dd a notation at the beginning o% the %irst line o% the legal descri!tion on the ta roll that an

ad#erse !ossession claim has been submitted< and

3. 7aintain the return in the !ro!ert( a!!raisers records.



*$+ !ro!ert( a!!raiser must remo#e the notation to the legal descri!tion on the ta roll that an

ad#erse !ossession claim has been submitted and shall remo#e the return %rom the !ro!ert(

a!!raisers records i%A

*a+ he !erson claiming ad#erse !ossession noti%ies the !ro!ert( a!!raiser in writing that the

ad#erse !ossession claim is withdrawn<

*b+ he owner o% record !ro#ides a certi%ied co!( o% a court order entered a%ter the date the

return was submitted to the !ro!ert( a!!raiser establishing title in the owner o% record<

*c+ he !ro!ert( a!!raiser recei#es a certi%ied co!( o% a recorded deed %iled a%ter the date o%

the submission o% the return %rom the !erson claiming ad#erse !ossession to the owner o% record

trans%erring title o% !ro!ert( along with a legal descri!tion describing the same !ro!ert( subject

to the ad#erse !ossession claim< or

*d+ he owner o% record or the ta collector !ro#ides to the !ro!ert( a!!raiser a recei!t

demonstrating that the owner o% record has !aid the annual ta assessment %or the !ro!ert(subject to the ad#erse !ossession claim during the !eriod that the !erson is claiming ad#erse

!ossession.

*&+ he !ro!ert( a!!raiser shall include a clear and ob#ious notation in the legal descri!tion o%

the !arcel in%ormation o% an( !ublic searchable !ro!ert( database maintained b( the !ro!ert(

a!!raiser that an ad#erse !ossession return has been submitted to the !ro!ert( a!!raiser %or a

!articular !arcel.

1Note. )ection 4 ch. 2011-10$ !ro#ides that D:tIhis act shall ta;e e%%ect >ul( 1 2011 and

a!!lies to ad#erse !ossession claims in which the return was submitted on or a%ter that date

ece!t %or the !rocedural !ro#isions go#erning the !ro!ert( a!!raisers administration o% ad#erse

!ossession claims included in s. '".1&*4+*c+ and *d+ and *$+ lorida tatutes and the !ro#isions

go#erning the !a(ment o% taes included in s. 1'$.333" lorida tatutes as created b( this act

which a!!l( to ad#erse !ossession claims %or which the return was submitted be%ore on or a%ter

that date.E

?9.1?1 imitations when taD deed holder in #ossession. )5hen the holder o% a ta deed

goes into actual !ossession o% the real !ro!ert( described in the ta deed no action to reco#er

!ossession o% the !ro!ert( shall be maintained b( a %ormer owner or other ad#erse claimantunless the action commenced is begun within 4 (ears a%ter the holder o% the ta deed has gone

into actual !ossession. 5hen the real !ro!ert( is ad#ersel( !ossessed b( an( !erson no action

shall be brought b( the ta deed holder unless the action is begun within 4 (ears %rom the date o%

the deed.

?9.1?' imitation "#on actin% a%ainst taD deeds. )



*1+ 5hen a ta deed has been issued to an( !erson under s. 1'$.""2 %or 4 (ears no action shall

be brought b( the %ormer owner o% the !ro!ert( or an( claimant under the %ormer owner.

*2+ 5hen a ta deed is issued con#e(ing or attem!ting to con#e( real !ro!ert( be%ore a !atent

has been issued thereon b( the ?nited tates or be%ore a con#e(ance b( the state and therea%ter

a !atent b( the ?nited tates or a con#e(ance b( the state is issued to the !erson to whom the

!ro!ert( was assessed or a claimant under him or her and the ta deed grantee or a claimant

under the ta deed grantee has !aid the taes %or 4 successi#e (ears at an( time a%ter the issuance

o% the !atent or con#e(ance the !atentee or grantee and an( claimant under the !atentee or

grantee shall be !resumed to ha#e abandoned the !ro!ert( and an( right title and interest in it.

?!on such abandonment the ta deed grantee and an( claimant under the ta deed grantee is the

legal owner o% the !ro!ert( described b( the ta deed.*3+ his statute a!!lies whether the ta deed grantee or an( claimant under the ta deed grantee

has been in actual !ossession o% the !ro!ert( described in the ta deed or not. 9% a ta deed has

been issued to !ro!ert( in the actual !ossession o% the legal owner and the legal owner or an(

claimant under him or her continues in actual !ossession 1 (ear a%ter issuance o% the ta deed and

be%ore an action to eject him or her is begun subsections *1+ and *2+ shall not a!!l(.

?9.'1 5derse #ossession a%ainst lands #"rchased at sales made by eDec"tors. )he title

o% an( !urchaser or the !urchasers assigns who has held !ossession %or 3 (ears o% an( real or

!ersonal !ro!ert( !urchased at a sale made b( an eecutor administrator or guardian shall not

be =uestioned because o% an( irregularit( in the con#e(ance or an( insu%%icienc( or irregularit(in the court !roceedings authoriHing the sale whether jurisdictional or not nor shall it be

=uestioned because the sale is made without court a!!ro#al or con%irmation or under a will or

codicil. he title shall not be =uestioned at an( time b( an(one who has recei#ed the mone( to

which he or she was entitled %rom the sale. his section shall not bar an action %or %raud or an

action against the eecutor administrator or guardian %or !ersonal liabilit( to an( heir

distributee or ward.

?9.'' imitation "#on claims by remainin% heirs< when deed made by one or more. )

*1+ 5hen an( !erson owning real !ro!ert( or an( interest in it dies and a con#e(ance is made

b( one or more o% the !ersons heirs or de#isees !ur!orting to con#e( either singl( or in the

aggregate the entire interest o% the decedent in the !ro!ert( or an( !art o% it then no !erson shall

claim or reco#er the !ro!ert( con#e(ed a%ter $ (ears %rom the date o% recording the con#e(ance

in the count( where the !ro!ert( is located.



*2+ his section shall not a!!l( to !ersons whose names a!!ear o% record as de#isees under the

will or as the heirs in !roceedings brought to determine their identit( in the o%%ice o% the judge

administering the estate o% decedent.

?9.')1 imitations where deed or will on record. )

*1+ i#e (ears a%ter the recording o% a deed or the !robate o% a will !ur!orting to con#e( real

!ro!ert( %rom which it a!!ears that the !erson owning the !ro!ert( attem!ted to con#e( or

de#ise it the deed or will shall be held to authoriHe the con#e(ance or de#ise o% or to con#e( or

de#ise the %ee sim!le title to the real !ro!ert( or an( interest in it o% the !erson signing the

instrument as i% there had been no lac; o% seal or seals witness or witnesses de%ect in

ac;nowledgment or relin=uishment o% dower in the absence o% %raud ad#erse !ossession or !ending litigation. he instrument shall be admissible in e#idence.

*2+ %ter 20 (ears %rom the recording o% a deed or the !robate o% a will !ur!orting to con#e(

real !ro!ert( no !erson shall assert an( claim to the !ro!ert( against the claimants under the

deed or will or their successors in title.

*3+ his law is cumulati#e to all laws on the subject matter.

?9.'>1 imitations instr"ments enc"mberin% real #ro#erty. )

*1+ he lien o% a mortgage or other instrument encumbering real !ro!ert( herein called

mortgage ece!t those s!eci%ied in subsection *"+ shall terminate a%ter the e!iration o% the

%ollowing !eriods o% timeA

*a+ 9% the %inal maturit( o% an obligation secured b( a mortgage is ascertainable %rom the record

o% it " (ears a%ter the date o% maturit(.

*b+ 9% the %inal maturit( o% an obligation secured b( a mortgage is not ascertainable %rom the

record o% it 20 (ears a%ter the date o% the mortgage unless !rior to such time the holder o% the

mortgageA

1. erecords the mortgage and includes a co!( o% the obligation secured b( the mortgage so

that the %inal maturit( is ascertainable< or 2. ecords a co!( o% the obligation secured b( the mortgage %rom which co!( the %inalmaturit( is ascertainable and b( a%%ida#it identi%ies the mortgage b( its o%%icial recording data

and certi%ies that the obligation is the obligation described in the mortgage< in which case the lien

shall terminate " (ears a%ter the date o% maturit(.

*c+ or all obligations including taes !aid b( the mortgagee " (ears %rom the date o%

!a(ment. mortgagee shall ha#e no right o% subrogation to the lien o% the state %or taes !aid b(



the mortgagee to !rotect the securit( o% his or her mortgage unless he or she obtains an

assignment %rom the state o% the ta certi%icate. edem!tion o% the ta certi%icate shall be

insu%%icient %or subrogation.

*2+ 9% an etension agreement eecuted b( the mortgagee or the mortgagees successors in

interest and the mortgagor or the mortgagors successors in interest is recorded the time shall be

etended as %ollowsA

*a+ 9% the %inal maturit( o% the obligation as etended secured b( the mortgage is ascertainable

%rom the record o% the etension agreement " (ears a%ter the date o% %inal maturit( o% the

obligation as etended.

*b+ 9% the %inal maturit( o% the obligation as etended secured b( the mortgage is not

ascertainable %rom the record o% the etension agreement 20 (ears a%ter the date o% the etension

agreement unless !rior to such time the holder o% the mortgageA

1. erecords the mortgage and includes a co!( o% the obligation as etended secured b( themortgage so that the %inal maturit( is ascertainable< or 2. ecords a co!( o% the obligation as etended secured b( the mortgage %rom which co!( the

%inal maturit( is ascertainable and b( a%%ida#it identi%ies the mortgage b( its o%%icial recording

data and certi%ies that the obligation is the obligation described in the mortgage< in which casethe lien shall terminate " (ears a%ter the date o% maturit( as etended.

*3+ 9% the record o% the mortgage shows that it secures an obligation !a(able in installments and

the maturit( date o% the %inal installment o% the obligation is ascertainable %rom the record o% the

mortgage the time shall run %rom the maturit( date o% the %inal installment.

*4+ he time shall be etended onl( as !ro#ided in this law and shall not be etended b( an(

other agreement nonresidence disabilit( !art !a(ment o!eration o% law or an( other method.

*"+ his section does not a!!l( to mortgages or deeds o% trust eecuted b( an( railroad or other

!ublic utilit( cor!oration or b( an( recei#er or trustee o% them or to liens or notices o% liens under

cha!ter $13.

?9.)9 Termination o! contracts to #"rchase real estate in which there is no mat"rity date.

)5hene#erA

*1+ n( !erson contracts b( written agreement to !urchase real !ro!ert( be%ore >ul( 1 1'$2

and the %inal maturit( o% the obligation is not ascertainable %rom the record o% the contract or acce!ts an assignment o% such a contract but

*2+ #en though the eistence o% the contract or assignment a!!ears %rom the record o% the

instrument or b( re%erence to it in another recorded instrument such !erson has not recorded adeed to the !ro!ert( or a judgment recogniHing the !ersons rights to the !ro!ert( and is not in

actual !ossession o% the !ro!ert( as de%ined in s. '".16 then the !erson and those claiming under

the !erson shall ha#e no %urther interest in the !ro!ert( b( #irtue o% the contract or assignment. 9n

these circumstances the record o% the contract or assignment or other record re%erence to either



shall no longer constitute actual or constructi#e notice to an( !erson ac=uiring an( interest in the

!ro!ert(.

ejectment action

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