Zlinkoff v. Von Aldenbruck

Appellant Norman Zlinkoff appeals the final judgment of foreclosure entered against him, arguing that under section 95.281, Florida Statutes (1999), the foreclosure action was untimely. We agree and reverse the trial court’s judgment.

In February 1987, Appellee Dennis G. Von Aldenbruck sold a condominium to Michael and Janice DeSantis and financed the transaction with a $70,000 promissory note and purchase money mortgage. The mortgage, which was recorded, reflected a maturity date of February 1992. An extension note with a maturity date of February 1993 was executed but not recorded. The…