Real Estate Law
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Are we speaking about Florida law? We are the clients, we were told by our local attorney that if it was filed and dismissed, it was done with no judification. Our attorneys found where it was recorded and dismissed but have not acted on it. Are we being misinformed by our attorneys? the 5 year date of no payments made and no collection is 6/2/13. Is the 5 year statute of limitations enforceable at this point?
Was the 5 year statute start date affected by the 2 foreclosures filed and dismissed? BOA transferred the servicing to NationStar in October 2012. NationStar threatened to file foreclosure immediately but never did. You/we know they are aware of the 5 year statute of limitation. We feel they have not filed because they can't due to the last 2 dismissals with no judifcation.
Again, are we are being misinformed by our attorney about the no judification on foreclosure dismissals?
In your first sentence you said "should affect the statute of limitations", did you mean"'no, it 'doesn't' affect the start time of the statue of limitations?"
The foreclosures were dismissed on a voluntary dismissal, no court order, no reason for canceling, are you saying there is no Florida law on no judification for these foreclosure cancellations?
Sorry, we're layman! I don't know if she said no judification or no adjudication but she said (my attorney) if they filed it and pulled it they (BOA) could not file again. What does 'no adjudication' mean? Doesn't this pull a red flag that the bank would not file in 5 years? Because before 6/2/08 they filed foreclosure every 3 months if payments weren't made.
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