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

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


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 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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3 lawyers agree


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 written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices., 305 377 1505

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