If a Plaintiff cannot foreclose ... and cannot collect on the note ... would the court consider a Quiet Title action ?

Asked over 1 year ago - Tampa, FL

My Florida foreclosure lawsuit was dismissed "with" prejudice in 2011.

It has been more than 5 years since my Notice of Default ... and the Florida statute of limitations on promissory notes has expired.

The Plaintiff cannot foreclose ... and cannot collect on the note.

Is there any possibility to pursue a Quiet Title action at this point?

Attorney answers (2)

  1. Carol Anne Johnson

    Contributor Level 18

    3

    Lawyers agree

    Answered . There is always the possibility of pursuing a Quiet Title. However, your chances of winning depend 1) on the court order dismissing the foreclosure 2) whether or not the Plaintiff took any actions that would successfully toll the SOL, and 3) the skillful drafting of your petition for quiet title by your attorney. :-) Call one of us local real property attorneys here on AVVO to have a review done of the case and what has transpired since.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
  2. Barry A. Stein

    Pro

    Contributor Level 18

    Answered . I think I have seen this question several times before. The answer is maybe. Seek legal help with all your facts.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more

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