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AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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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: 9 months ago.
Category: Real Estate Law
Expert:  AttyHeather replied 9 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 9 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 9 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!

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