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Florida · TitleFlorida old mortgages: when the lien terminates on its own

Florida ends the lien of a mortgage or other instrument encumbering real property after a set time. If the final maturity of the secured obligation can be determined from the record, the lien terminates five years after that maturity date. If it can't, the lien terminates 20 years after the date of the mortgage, unless before then the holder rerecords the mortgage with a copy of the obligation, or records a copy of the obligation with an affidavit identifying the mortgage, so that the maturity appears – in which case the lien ends five years after maturity. For amounts the mortgagee paid, including taxes, the lien lasts five years from the payment. A recorded extension agreement signed by the mortgagee and the mortgagor, or their successors, extends the periods: five years after the extended maturity if it appears in the agreement, or 20 years after the agreement otherwise (Fla. Stat. §95.281(1)–(2)).

What the statute sets

  1. Maturity in the record (§95.281(1)(a))

    The lien ends five years after the final maturity.

  2. No maturity in the record (§95.281(1)(b))

    20 years after the mortgage date, unless the holder records the obligation.

  3. Mortgagee's advances (§95.281(1)(c))

    Five years from the date of payment.

  4. Extensions (§95.281(2))

    A recorded extension agreement restarts the clock.

What the TC does with an old mortgage on a Florida title

  • Ask the title company for the old mortgage's maturity date and any recorded extension.
  • Ask whether the title company treats the lien as expired under the statute.
  • If it doesn't, get a payoff or a release from the holder or its successor before closing.

Questions about old Florida mortgages

When does an old Florida mortgage stop being a lien?

Five years after the final maturity shown in the record, or 20 years after the mortgage date if the maturity isn't ascertainable from the record (Fla. Stat. §95.281(1)).

Can the holder keep an old Florida mortgage alive?

Yes, by recording an extension agreement signed with the owner, or by rerecording or recording the obligation so the maturity appears (Fla. Stat. §95.281(1)(b), (2)).

Related guides

Track each old lien and the title company's decision as title tasks in ClosingCode.

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Source: Fla. Stat. §95.281 (flsenate.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.