Valued Member
Posts: 42
Registered: ‎02-28-2012
Re: Need Help with Dismissed with Prejudice Mortgage

WE  WON !!!


I didn't attend the hearing today, my attorney said it was not necessary.  She sent me an email immediately after the hearing to let me know that the new foreclosure attempt was also dismissed WITH prejudice.


The judges decision was that due to the settlement agreement being signed, and their prior lack of following through with the settlement agreement, that they could not file a new default on the mortgage.


Is it over???  We don't know.  Their is the possibility that they will appeal, there is also the possibility that THEY will file to enforce the settlement agreement that they failed to follow through with after two court orders.


If they do not file an appeal, or motion to enforce the settlement agreement within 30 days, then we will move forward from there.


As soon as I get a copy of the new dismissal, I am going to send both of them to the credit bureau's and try to get them removed from my credit report.  I know that getting the banks to correct anything is going to be fruitless, so I am just going to have to push a little harder.  I learned that America's Servicing Company, who is the company reporting to the credit bureau, and Fleet Bank are one in the same, so I am going to submit the documentation so that I won't continue to be told that the banks the dismissal was filed against, is not the company reporting the info.


Hopefully this will be over soon.  It has been since 2007.  I am estatic, but apprehensive to celebrate at this point.

Starting Score: 593
Current Score: 703
Goal Score: 720

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