Admiral Security & Investment Co. v. Curtis

We affirm the trial court’s holding on summary judgment in this quiet title action that the applicable statutes of limitations and repose bar enforcement of the subject mortgages. See §§ 95.11(2)(c) and 95.241, Fla. Stat. (2000). We write only to address defendants’ argument that their defense of recoupment may be asserted to defeat this quiet title action even though it is based on the debt secured by the mortgages whose enforcement is barred by the statute of limitations.

Defendants argue that under Allie v. Ionata, 503 So.2d 1237 (Fla.1987), recoupment may be used defensively to reduce a…