I received a notice of voluntary dismissal of defendants re; a foreclosure and following that a plaintiffs motion for summary judgement including a hearing. Have they cancelled the foreclosure in lieu of a summary judgement and if so,how will it affect me ?
nothing just received the notice 12/23/08
Was this a "PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT"
Can you quote the caption of the notice (type in word for word)
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTS PLAINTIFF,WACHOVIA MORTGAGE,FSB.F.K.A.WORLD SAVINGS BANK,HEREBY DISMISSES THE FOLLOWING PARTIES,PURSUANT TO RULE 1.250,FLA.CIV.P: than gives names Than on the bottom says From the above-styled action without prejudice. A few pages further Plantiffs motion for summary judgement including a hearing to tax attorneys fees and costs Than he put in an Affidavit as to amounts due and owing A total of 148,823.91
Did you receive the petition for summary judgement prior to this?
No we were served a notice lis pendens .Count 1-Mortgage Foreclosure. 1. This is an in rem action to foreclose a mortgage on Real Property ----etc.Does this help ?
I'm going to forward this on to someone with a bit more experience...you should hear more shortly
best of luck
Hello,The expert that you were working with forwarded your question to be. I am happy to assist you.Please tell me what your relation is to the action and the relation of the parties that were not dismissed from the action.
I am The co-owner of the property being foreclosed on.This property is not my primary residence.This property is one of five that I bought since 92.I was in construction when it came to a halt,and was prepared for a slow down,but constrction has stopped.So my income has changed and I have decided to let 2 houses go to cut my losses.My last payment on this house was 03/01/08.I was served i was served my first papers on 10/03/08.A lawsuit filed against us for foreclosure.We were given 20 days to respond.I did nothing.Then 12/22/08 we get this notice of voluntary dismissal without prejudice.Then 2 pages later I see plaintiffs motion for summary judgement.Does this mean that the foreclosure has terminated and that they will attempt to get a judgement on whats owed ?
Hello,What appears to be happening is that the plaintiffs are proceeding against the property only. They may be interested in summary judgment for the property and dismissing some defendants. However, I strongly suggest that you have local counsel review the actual pleading to verify.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Thank you, FLANDNYLAWYER
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