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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118710
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What does notice of dropping party defendant mean and what

Customer Question

What does notice of dropping party defendant mean and what does it mean when A case says motion for default, default issued
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
Dropping of party defendant means that one of the defendants in a case with multiple defendants was dismissed from the case (meaning no judgment can be taken against that party, he/she/it is out of the case and no longer liable).

Motion for default means that someone did not answer the case within the time specified after being served with the suit and the party that filed the suit went to court and sought a judgment by default (meaning the party who sought the default got whatever they asked for in the lawsuit) and default issued means that the court issued a judgment for whatever the other party asked for against the party that did not answer.

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Customer: replied 8 years ago.

the dropping of party says.......


comes now, the plantif,

by and through its undersigned council and gives notice that unknown tennants/ occupants are voluntarily dropped as defendants to this action persuiant to the fla.R.civ.p.1.25(b) and 1.420(a)(1), without prejudice. What does this mean are we dropped or any renters we may have

Expert:  Law Educator, Esq. replied 8 years ago.
That means whomever was the occupants/or tennants were dropped, if you were named and the unknown tenants were named, only they were dropped from the suit.

Without prejudice means that they are free to reinstate the suit against the dropped party later as long as it is within the statute of limitations.
Customer: replied 8 years ago.
One last thing can this property be foreclosed without the first mortgage holder being named? If no have they missed filed the lawsuit? I promise this is the last part of the question
Expert:  Law Educator, Esq. replied 8 years ago.
It should not be foreclosed upon without the first mortgage holder being notified, but that really is not your problem it is between the party foreclosing and the first mortgage holder to fight out. If you want to delay proceedings and cause trouble for the plaintiff, then you should notify the first mortgage holder.
Customer: replied 8 years ago.

so if they included a second mortgage holder and not the first and the default was issued is that legal? Should I begin to make plans to move or wait until I hear back from the mortgage company? Sorry I just noticed that they did not include the first and included only the second mortgage.

Expert:  Law Educator, Esq. replied 8 years ago.
You should not wait, you should notify the first mortgage holder of the decision. The judgment is still valid until the first mortgage holder intervenes.
Law Educator, Esq. and 11 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Thank you very much for all of your help
Expert:  Law Educator, Esq. replied 8 years ago.
Thank you and good luck.