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.
Dismissal with prejudice in a foreclosure case means that the case has been resolved in a way that bars the plaintiff from bringing the case back to court at a later date. This usually indicates that the court has made a final decision regarding the foreclosure action, and it cannot be refiled.
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.
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.
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.
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.
Dismissal is a noun.
what is constuitive dismissal
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 The order can only be rescinded or amended by the issuing judge or the appellate court when verifiable evidence is submitted proving the dismissal was in error.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.
Check this post, it talks about liens and foreclosure. http://www.foreclosedpropertiesdata.com/blog/foreclosure-help/how-liens-can-lead-to-foreclosure/