Customer: I am representing the assignee of the mortgage
and note. this is a new york action. The first action was commenced on 5/24/2010. the mtg and note were assigned to my client in July 2010. I continued the action but it was dismissed without prejudice in May 21, 2014. I started the 2nd action July 2014; because I thought a notice to cure was not served and only an acceleration notice was served I decided to serve valid notice to cure and valid notice of acceleration and then filed another action which I did IN JULY 2015- but I never discontinued the July 2014 action (the 2nd action)- which by the way the Defendant never Answered.
JA: Thanks. Can you give me any more details about your issue?
Customer: Now the Defendants have now interposed Answers and the defense that I am concerned with is the one that says the 2015 action should be dismissed because the other action was pending and I never obtained leave of court to discontinue it as required by statute. I am concenred that a) court may deny a motion to dicontinue the 2014 action and I will then be in limbo and /or b) court may dismiss the 2015 action and then the statue of limitations will have run. Question: if the action (s) are dismissed dont I still have til May 23, 2016 to re file the action since the 1st one which was dismissed was commenced 5/24/10 and that action triggered the accleration that survived the dismissal of the aat action in 2014? sorry to have run long but I really could use your reponse.I await your reponse.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Real Estate
Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?
Customer: thanks. do you take credit card? Yes I can wait a little bit- 15 minutes? 20? thanks.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.