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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5528
Experience:  28 years of experience in general practice, real estate law and estate law.
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It has been 5 yrs and 4 months tomorrow since my last mortgage

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It has been 5 yrs and 4 months tomorrow since my last mortgage payment. I also had an FWOP order of dismissal that was recorded 3 years ago next month. Is there any explanation as to what position I am in?

Welcome and thank you for your question.

It means that the court was considering dismissing the case for lack of activity. Was there a hearing date scheduled with the FWOP? If no from either side showed up the case was probably not dismissed.


What date was the foreclosure filed in court?

Sorry we are having technical issues if the editing feature. Your case was dismissed because no one from the lender's side showed up. When was the initial foreclosure case filed.
Customer: replied 3 years ago.

Foreclosure was filed Jan 2009

FWOP notice Aug 2010

FWOP was dismissed ( I attended and judge denied bank attorney's letter of good cause)

Haven't seen/heard anything since.

Steve was it dismissed with or without prejudice? Do you remember?
Customer: replied 3 years ago.

I am missing a plugin to actually open the page and read it but I don't remember reading any statement like that.


* Click on BOOK/PAGE of a particular docket to see the image if it is available *
Case Number (LOCAL): 2009-774-CA-01Dockets Retrieved: 30Filing Date: 01/05/2009
Case Number (STATE): 13-2009-CA-000774-0000-01Judicial Section: 13

Unfortunately, I cannot see the image.




The case was filed within the statute of limitations period and could be refiled if it was dismissed without prejudice.


If the case was dismissed without prejudice the case can be refiled by the lender. If it was with prejudice the case cannot be refiled.


Customer: replied 3 years ago.

Here is what it says:


In the Circuit Court of the 11th Judicial Circuit in and for Miami Dade, County, Florida


General Jurisdiction Division

Case No 09-774-CA-01

Bank of NY (TR) Plaintiff(s)


Simon, Steve Defendant(s)


Section No. 13


Motion, Notice and Judgment of Dismissal



THIS CAUSE having come on to be heard and pursuant to Rule 1.420 of the Fla.R.Civ.P. and the Court being fully advised in the premises.


THE COURT FINDS that no party opposing the motion to dimiss (<was spelled wrong) for lack of prosecution having appeared as ordered and demonstrated the existence of the requisite record activity or that action had been stayed nor having timely filed a showing of good cause in writing, if required, and therefore, in the absence of evidence to the contrary, the Court finds that (1) noticed prescribed by Rule 1.420(e) was timely served; (2) there was no record activity during the 10 months immediately preceeding service of the foregoing notice; (3) there was no record activity during 60 days immediately following service of the foregoing notice; (4) no stay has been issued or approved by the Court; and (5) no party has shown good cause by why this action should remain pending;


THEREFORE, IT IS ORDERD that this action is dismissed for lack of prosecution.


DONE and ORDERED in Chambers at Miami-Dade County, Florida this 22 Day of Oct 2010.



Thank you for the clarification. It is possible that they could refile. Depending on the circumstances you may want to file a quiet title to have the court remove the lender's cloud on title.
Customer: replied 3 years ago.

Last question: If you are awarded the Quiet title this leaves you a clear title?

Yes. It removes the lender's "interest" You would have title free and clear from the mortgage company liens.
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