quiet title claim in Florida

2016Because Ms. Dorta has failed to properly allege that the December 21, 2007 foreclosure action invalidates the Note and the Mortgage and bars any future attempts to enforce both, she--.has failed to properly allege a cloud to her title on the Subject Property.”); Kaan v. Wells Fargo Bank, N.A., 981 F.Supp.2d 1271, 1274 (S.D.Fla. 2018) (recognizing that under Florida law, voluntary dismissal of mortgage assignee’s earlier foreclosure action did not invalidate the note and mortgage, as would bar subsequent foreclosure actions for defaults on subsequent payments; rather, the note and mortgage rema

2014Accordingly, the note and mortgage remain a valid and enforceable lien against Plaintiffs property, and do not, as a matter of law, constitute a cloud on Plaintiff’s property supporting a quiet title claim.’ ” (quoting Kaan v. Wells Fargo Bank, N.A., 981 F.Supp.2d 1271, 1274 (S.D.Fla.2013))).

2026See Barclay, 985 So. 2d at 54 ; see also U.S. Bancorp, 378 So. 3d at 633.

2024See Kokolis, 271 So. 3d at 10 (holding that a foreclosure resulted in a void judgment for failure to join an indispensable party and noting that a successor to the mortgage still had a superior interest over the indispensable party); Avelo Mortg., LLC v. Vero Ventures, LLC, 254 So. 3d 439, 444 (Fla. 4th DCA 2018) (explaining that a valid, enforceable mortgage may not be extinguished by a quiet title action); 2010-3 SFR Venture, LLC v. Garcia, 149 So. 3d 123, 125 (Fla. 4th DCA 2014) (“Because the bank’s mortgage may be enforced through an action alleging a subsequent default, it is a valid lien

2024See Kokolis, 271 So. 3d at 10 (holding that a foreclosure resulted in a void judgment for failure to join an indispensable party and noting that a successor to the mortgage still had a superior interest over the indispensable party); Avelo Mortg., LLC v. Vero Ventures, LLC, 254 So. 3d 439, 444 (Fla. 4th DCA 2018) (explaining that a valid, enforceable mortgage may not be extinguished by a quiet title action); 2010-3 SFR Venture, LLC v. Garcia, 149 So. 3d 123, 125 (Fla. 4th DCA 2014) (“Because the bank’s mortgage may be enforced through an action alleging a subsequent default, it is a valid lien

2024See Kokolis, 271 So. 3d at 10 (holding that a foreclosure resulted in a void judgment for failure to join an indispensable party and noting that a successor to the mortgage still had a superior interest over the indispensable party); Avelo Mortg., LLC v. Vero Ventures, LLC, 254 So. 3d 439, 444 (Fla. 4th DCA 2018) (explaining that a valid, enforceable mortgage may not be extinguished by a quiet title action); 2010-3 SFR Venture, LLC v. Garcia, 149 So. 3d 123, 125 (Fla. 4th DCA 2014) (“Because the bank’s mortgage may be enforced through an action alleging a subsequent default, it is a valid lien

2024See Kokolis, 271 So. 3d at 10 (holding that a foreclosure resulted in a void judgment for failure to join an indispensable party and noting that a successor to the mortgage still had a superior interest over the indispensable party); Avelo Mortg., LLC v. Vero Ventures, LLC, 254 So. 3d 439, 444 (Fla. 4th DCA 2018) (explaining that a valid, enforceable mortgage may not be extinguished by a quiet title action); 2010-3 SFR Venture, LLC v. Garcia, 149 So. 3d 123, 125 (Fla. 4th DCA 2014) (“Because the bank’s mortgage may be enforced through an action alleging a subsequent default, it is a valid lien

2014See Evergrene, 143 So.3d 954 (“ ‘[EJach payment default ... created a basis for a subsequent foreclosure....