Foreclosure Case Dismissed Without Prejudice

A mortgage foreclosure trial can be over in 30 seconds if the Plaintiff is not allowed to have witnesses or exhibits.  Court procedures come with deadlines, and if the lender does not turn in their witness list or evidence on time, the lender might not get to use them…and that could result in a foreclosure case dismissed without prejudice. Having a case dismissed ‘without prejudice’ does not necessarily mean the fight is over… ‘without prejudice’ means the Plaintiff can re-file a suit on the same claim. A home foreclosure dismissed ‘without prejudice’ gives the lender an opportunity to get their case together.  However, while the homeowner is waiting for the lender to re-file, the homeowner has time to pursue an alternative outcome, like a short sale or mortgage modification. Seek competent legal counsel to help review personal and financial factors, and to pursue a strategy to bring you the best benefit for your circumstances.     Read More

Walking Dead Foreclosure Plaintiff

Once upon a time a homeowner was sued for foreclosure on his home.  However, the plaintiff could not prove that he was the right party to sue for foreclosure—with purchases of the home loan by one company after another—and so the Judge dismissed the case. Twice upon a time the same homeowner was sued for foreclosure on the same property, but this case was filed by a new plaintiff.  Plaintiff #2 said he bought the loan and offered a dismissal of the case if the homeowner would give him the note.  Plaintiff #2 did not know he was already dead. Five years after the mortgage debt is matured, that debt is no longer eligible for a claim according to the Statute of Limitations.   In the first foreclosure case, the debt was accelerated, and therefore matured.  By the time Plaintiff #2 came forward to present his suit, the five-year Statute of Limitations had already run.  Thus the second foreclosure complaint was a burial suit, not eligible to be exhumed. The purpose of the Statute of Limitations is to clean things up.  If the plaintiff cannot get the foreclosure done in five years, something is wrong with his case.   Read More