Re: Need Help with Dismissed with Prejudice Mortgage
01-27-2013 10:24 PM
Well here is the latest update
The hearing is Thursday. This hearing will only be to see if their new foreclosure holds any merit. My attorney filed her motion to dismiss stating that their is no new default because the bank and I were not returned to our previous status due to the signing of the mediation agreement. Basically she is saying that the mediation agreement take presidence over the mortgage and the bank is filing foreclosure regarding the original mortgage note. The bank filed an answer to her motion stating that yes we were returned to our regular status with the original mortgage note after the last case that was dismissed with prejudice. The case law she is citing is Singleton vs Greymar if anyone is interested.
My attorney also pled that the bank is outside of the statute of limitations based on the acceleration of the note in April 2007. The bank said that the 2007 acceleration is not in question because they filed a new acceleration in April 2012. My attorney believes their April 2012 acceleration holds no merit because there was never a mortgage reinstated for them to accelerate.
Some people think that if their foreclosure is dismissed with prejudice they won and the bank cannot refile, this isn't true, they can file a new foreclosure based on continuing default if payments are not made.
Starting Score: 593
Current Score: 703
Goal Score: 720
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