How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask AttyHeather Your Own Question
AttyHeather
AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 570
Experience:  Attorney with 15 years experience
93913325
Type Your Real Estate Law Question Here...
AttyHeather is online now
A new question is answered every 9 seconds

Can a foreclosure judgment go dormant? Foreclosure judgment

Customer Question

Can a foreclosure judgment go dormant?
JA: What is the status of any foreclosure proceedings?
Customer: Foreclosure judgment filed November 9, 2009. Bank filed praecipe requesting sheriff's sale in September, 2016. Sale date is December 2.
JA: Because laws vary based on location, where is the property located?
Customer: Ohio
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 2 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 2 months ago.

Ohio Rules of Civil Procedure 41 states:

(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits.

The defendant could file a motion to dismiss the case for the plaintiff's failure to prosecute the action. If the case is then filed again later by the bank, the plaintiff could then file a motion to dismiss under the doctrine of res judicata, if the first case was dismissed with prejudice.

Does this help?

Customer: replied 2 months ago.
No; it is too late for Civ.Rule 41. Perhaps you did not get the entire question with comment; I was wondering if a foreclosure judgment could go dormant under, for example, Ohio 2329.07. Thanks!