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Assocation Actions to Quiet Title & Unenforceable Mortgages

A quiet title action can be filed pursuant to Chapter 65 Florida Statutes by any person or corporation claiming title to the subject property. All persons or corporations claiming any interest in or claim against the property are joined as parties and all rights and interests of those parties with regard to the property are determined.

Where an association has taken title to a property through lien foreclosure pursuant to Chapters
718 or 720 Florida Statutes, quieting title may be necessary to establish the association’s
ownership of the property clear of other encumbrances. Typically, if a mortgage exists on the property when the association takes title, the holder of the mortgage has a superior right to enforce that mortgage and foreclose on the property, taking title from the association.

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