DeSalle v. Gibraltar Title Agency L.L.C.

OPINION

PETERSON, Judge.

This appeal is from a summary judgment that set aside a mortgage foreclosure because the foreclosure proceeding was *33commenced after the statute of limitations expired. We reverse.

FACTS

On April 30, 1982, respondents Anthony and Virginia Bolla executed a mortgage on their homestead in favor of appellants Charles and Eleanor Niska. The mortgage did not state a specific calendar date upon which the debt secured by the mortgage matured. The mortgage did, however, state:

PROVIDED NEVERTHELESS, That if said mortgagors, their heirs, executors, administrators, or assigns, shall…