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Barrister: HOA is foreclosing on lien for HOA dues. Court…

Barrister:HOA is foreclosing on lien...
Barrister:HOA is foreclosing on lien for HOA dues. Court filed notice of impending dismissal. Evidently they did not meet the deadline. Court filed :Dismissed/Dismissal. Can't view on line to read the document and can't go to courthouse to view. Does this mean the matter is over, and I can't be foreclosed again? Is the amount claimed due now free from collection attempts?
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Answered in 2 minutes by:
11/8/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,631
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello again,

.

Does the notice state the case is being "dismissed for lack of prosecution"?.

.

Or "dismissed without prejudice"?

.

.

thanks

Barrister

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Customer reply replied 10 months ago
I can only see what is on the court website, and it only says "dismissed/dismissal" I can't access the document on line, evidently only attorneys have access. They are mailing to me in 5-10 days-too long to wait!

Ok, if they haven't actually done anything in a while, then the clerks may be dismissing for lack of prosecution, which just means they are clearing the court calendar of stale cases. But it wouldn't mean that they couldn't refile the case if the debt is still there and unpaid. AZ has a 5 year statute of limitations on judgments and they can be renewed every 5 years..

.

So they can likely refile the case or try to collect on the judgment in other ways like garnishing bank accounts.

.

I am sorry the news isn't better.

.

.

thanks

Barrister

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Customer reply replied 10 months ago
Can they charge me the attorney fees and costs for refiling a 2nd time, since they failed to prosecute the first time?
I would opine no if they had the first case dismissed for lack of prosecution.
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Customer reply replied 10 months ago
Thanks for the quick replies!!

You are very welcome. Happy to help any time.

.

.

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,631
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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