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how do I file " an order for motion to dismiss affirmative

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how do I file " an order for motion to dismiss affirmative defenses without prejudice" per an agreement in lieu of time to complete a loan modification which shall be at least 90 days from the signature date below without any court action on my forclosure case #XXXXX

July 1, 2013
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation. Just to be clear, you are the defendant in this foreclosure action? If so, are you the person who raised these affirmative defenses in response to the complaint filed by the lender, in your answer? Is there currently a loan modification pending or is it currently in place and you have settled with the lender, in regard to the modification and payment at this time?
Customer: replied 3 years ago.
i am waiting for a response from the bank on my modification

i agreed to re do modification papereork as long as bank and lawfirm did not dual track me

the lawyers for the bank tried to make me file with prejudice
i replied only without prejudice so i keep my legal defenses open

they have asked me to file the motion
Thank you for the additional information. The bank does have a legal right to proceed with the foreclosure, while any type of modification is pending. Until a modification is approved, the lender can proceed and even foreclose. In a situation like yours, you do not have to agree to dismiss your affirmative defenses with prejudice, unless the lender is 100% agreeing to modify your loan. In a situation like this, you and the lender can enter into an agreed order, staying the foreclosure proceedings for 30 or 60 days, until a final decision can be made on the modification. This way, if approved, you can withdraw your defenses and they can voluntarily dismiss the case. If it is denied, the case will proceed from where it is now. At least they have a chance to review the file. It really is not favorable to you to withdraw your defenses and still give them the discretion to approve or deny the loan modification.
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