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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23971
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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First of all we had a foreclosure case dismissed by the bank

Customer Question

First of all we had a foreclosure case dismissed by the bank on 3/19/14. We have just seen on CCAP that another case has been filed (opened) electronically by another "division" of the original bank. We have not been "served" nor have we received any notice directly from the courts? We do have pending litigation against the bank for several federal violations. Do they have to "serve" us new paperwork as they did in the original case notifying us of this new action?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Good morning. When did you see this? Today?
Customer: replied 1 year ago.
Yesterday the 30th of June
Customer: replied 1 year ago.
Actually it would have been the 29th of June...
Expert:  RealEstateAnswer replied 1 year ago.
Thank you for the additional information. Yes, they do. The reason why I say this is because they voluntarily dismissed the case, without prejudice. As such, if they refiled, they would have to start the case over, which would require them to serve you again, since it is a new lawsuit, with a new case number. Had this been a situation where the Judge allowed them time to amend their complaint or there was other language in the order that would simply allow them to refile, without serving, you, it would have been stated within. If not, then it is a new lawsuit and you would need to be served.

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