Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

It has been 5 yrs and 4 months tomorrow since my last mortgage

payment. I also had...
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?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 13 minutes by:
10/1/2013
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,420
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

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?

Ask Your Own Real Estate Law Question
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.
Ask Your Own Real Estate Law Question
Customer reply replied 4 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?
Ask Your Own Real Estate Law Question
Customer reply replied 4 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.


 


https://www2.miami-dadeclerk.com/Civil/Search.aspx


 























BANK OF N Y (TR) vs SIMON, STEVEN
* 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.

 

Ask Your Own Real Estate Law Question
Customer reply replied 4 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)


vs


Simon, Steve Defendant(s)


 


Section No. 13


CIVIL DIVISION


Motion, Notice and Judgment of Dismissal


 


ORDER ON MOTION TO DISMISS FOR LACK OF PROSECTUTION



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.
Ask Your Own Real Estate Law Question
Customer reply replied 4 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.
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,420
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Thank you.
Ask Your Own Real Estate Law Question
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,420
7,420 Satisfied Customers
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My mortgage was included in my bankruptcy..my bankruptcy was
My mortgage was included in my bankruptcy..my bankruptcy was discharged..is my mortgage company now obligated to satisfy my mortgage… read more
DrakeLAW
DrakeLAW
Juris Doctorate
838 satisfied customers
I'm the owner of several mortgages in several different
Hello, I'm the owner of several mortgages in several different states. What I want to know is if I want to start foreclosure proceedings on each one of them will I have to use several different attorn… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My first mortgage held by of A was successfully modified,
My first mortgage held by B of A was successfully modified, but before the process was concluded and the modification on the 2nd mortgage (also held by B of A) could begin, B of A's claim with Old Rep… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Which date determines the effective date of a mortgage
which date determines the effective date of a mortgage assignment the date that it was signed or the date the contract was filed with the record … read more
Attyadvisor
Attyadvisor
Attorney
7,420 satisfied customers
If the title to the home and mortgage is in both spouses
If the title to the home and mortgage is in both spouses names, but one dies, should the other change the name on both in order to sell or bequeath the home? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I'm selling a couple properties and outside of the mortgage
I'm selling a couple properties and outside of the mortgage I have two or three loans that what other companies have given to the ownership company of this Llc how do I let the title company know thes… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
My husband would like to apply for a reverse mortgage in
My husband would like to apply for a reverse mortgage in Texas but I am 59. If I sign a waiver of homestead rights, how long does he have to wait to apply for the mortgage? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Ray. When a Mortgage Servicer, through their attorney, files
Good morning Ray. When a Mortgage Servicer, through their attorney, files a Motion to Dismiss on a foreclosure case, is there a specific, written, time frame that I have to respond? Either from the da… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
If someone has a reverse mortgage in CA., can they rent a
If someone has a reverse mortgage in CA., can they rent a room out in their house? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Can a mortgage lender hold on to a surplus overage from the
can a mortgage lender hold on to a surplus overage from the borrower if the borrower is current on the mortgage. my bk is complete but has not been discharged. lender is refusing to refund the escrow … read more
DrakeLAW
DrakeLAW
Juris Doctorate
838 satisfied customers
If I am not the holder of the Mortgage, but the deed as
If I am not the holder of the Mortgage, but my name is ***** ***** deed as tenants in common. How can I get my name off of the deed?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Is there a time limit for banks to approve a mortgage.
Is there a time limit for banks to approve a mortgage … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
Are wrap around mortgages legal in Florida? I'm self
Are wrap around mortgages legal in Florida? I'm self employed so a conventional loan won't work, but my landlord is willing to work with me for the sale. Aside from putting down 20% for an unconventio… read more
Damien Bosco
Damien Bosco
2,995 satisfied customers
If I am the sole person on the mortgage and sign a quit
If I am the sole person on the mortgage and sign a quit claim to the property, am I still responsible for the mortgage? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Is there an attorney who will negotiate with my mortgage
is there an attorney who will negotiate with my mortgage company to lower my interest and monthly payment? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
If there is a first mortgage on a property, can the HOA
If there is a first mortgage on a property, can the HOA foreclose and take title to the property for non payment of dues? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,807 satisfied customers
What is the statute of limitations on the second mortgage in
What is the statute of limitations on the second mortgage in Texas? Trying to obtain a lien release on second cancelled/charged off in 2009. The servicer is no longer in business, account transferred … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
Is mortgage company responsible for transferring insurance
Is mortgage company responsible for transferring insurance to themselves after modification?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x