Foreclosure dismissal is a simple foreclosure challenge that can be filed to the foreclosure complaint even without an attorney.
Added: A foreclosure dismissal is a court order dismissing a foreclosure action.
This means that the judge dismissed the foreclosure proceedings, but the bank can present the case again. You should get advice from a lawyer about your next steps.
It means that your case was dismissed and cannot be re-filed and opened again.
In most cases, foreclosure action is suspended until the BK is ruled upon either by discharge or dismissal. The mortgage holder may request a stay from BK proceedings, if it is granted the foreclosure process as defined by the laws of the state in which the residence is located will continue.
An order of dismissal for lack of prosecution is filed (usually by the homeowners attorney) when the bank/lawyers have not proceeded forward on a pending foreclosure case within a certain amount of time (usually 10 months). If nothing new has been filed, your case can be dismissed by a judge.
i had a trustee notice of sale June 23 and my foreclosure sale was post-poned 30days. my chapter 7 bankrutpcy was dismissed jun 23 as incomplete and the foreclosure sale was held jun 26 was that legal.
Insolvency is not a defense to a complaint for a foreclosure deficiency. If you have filed bankruptcy and the debt was discharged, that would be a defense.
It doesn't. The homestead exemption protects property from being seized in a bankruptcy procedure or by creditor judgment. The lender does not relinquish the right to foreclose on property regardless of the status of the bankruptcy filing. Bankruptcy only temporarily halts the foreclosure of secured property.
what is constuitive dismissal
Dismissal is a noun.
No. Once the court has dismissed any bankruptcy with prejudice the time limit for refiling is set by bankruptcy laws or by the bankruptcy judge. The order can only be rescinded or amended by the issuing judge or the appellate court when verifiable evidence is submitted proving the dismissal was in error.
If you stipulate as to the reason for dismissal, you HAVE agreed.
Foreclosure help is advice and help you can get from an organization or service that will help you through a foreclosure or help you stop a foreclosure. Foreclosure Help and Hope is an organization that can help.