Legal Question in Real Estate Law in Florida

Although the case was dismissed, the bank's lien may still show recorded on the home. This means if you try to sell now, a title company will want to satisfy the lien. You will need to proceed with a quiet title action to try and remove the bank's lien if you want to sell the home free and clear. Time and cost depends on bank's willingness to contest your quiet title action.

You can try to sell at any time. You still have title to the property. However, any buyer would take subject to the mortgage. To give you reasonable advice, I would need more information. For example, if the property is "upside down" you may want to consider a short sale.

In Florida, the bank's lien is its mortgage and it will still show up in the public records. Dismissal for lack of prosecution is without prejudice. That means the bank can again file a new foreclosure action. I doubt a title insurer would insure based on a default judgment of quiet title because it would be highly suspect. The bank has a legal right to choose when it wishes to foreclose.

You should consult with an attorney familiar with real estate law, specifically mortgage foreclosure and title, who can take the time to give you a realistic assessment of your options.