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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23439
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have a mortgage and it went into foreclosure with one company

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I have a mortgage and it went into foreclosure with one company a little over 3 years has now passed hands 2 more times. At no time have any new papers been filed with the courts regarding the foreclosure filed by the original company. Before this newest company could try and move forward would they need to re-file the foreclosure documents? Or could I sue to get out of foreclosure as it has been too many years?
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 evening. I certainly understand the situation and your concern. If there is currently a case pending within the court, the new lender could step into the shoes of the original and continue the foreclosure action. I have provided the rule below, which controls and allows this. It does seem odd that if the case has been sitting idle for months now, that the court or the Judge, on their own accord, has yet to seek to dismiss the case for lack of prosecution. Judges typically do not like when cases just sit idle. Even if the new lender were to proceed, they would have to establish and show the proper chain of title and that they have standing at this time to proceed and foreclose. It is likely that the newest company would want to start over, to make sure everything is in order, so they may voluntarily dismiss the case and then refile it. There is also a statute of limitations, if no actions is taken by the lender, which could prevent them from proceeding and you would have a valid defense. I have attached the link also, for your review.

4:34-3. Transfer of Interest

In case of any transfer of interest, the action may be continued by or against the original party, unless the court on motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in R. 4:34-1(b).
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Customer: replied 3 years ago.

If I were to request a dismissal due to the case sitting idle for so long.....Is that as simple as me sending a letter to the court making the request for dismissal or would I need to file a motion and notice the new party the mortgage was transferred to?

It is not as easy as just sending a letter. You would indeed have to file the motion, send notice to the plaintiff, set it for hearing and go before the Judge to argue your motion. With that being said, it could alert then to what is going on and they would proceed. If the home is in foreclosure, no action has been taken and you are living rent free at this time, it may not be best to try and have it dismissed, since they could just come back and refile it. The Judge is not going to dismiss with prejudice, which would prevent them from doing so.
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