QUESTION

What can be done if there is a final judgement dismissal on real estate?

Asked on Apr 19th, 2013 on Foreclosures - California
More details to this question:
I have not been able to make my mortgage payments for some time. Not because I can’t afford it but because my Loan has changed hands so many times that I don’t know who to pay. The last bank decided to foreclose. I went to court to find out what’s is going on. The foreclosure bank did not show up. The judge ordered a final judgment dismissed. I don’t have an attorney. I went to court on my own. I’m not sure what the final judgment of dismissal is, or where I go from here. I would like to keep my home. I’m pretty sure I need an attorney now.
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5 ANSWERS

You need a copy of the Judge? order and the notes from the clerk. Then, you need to make sure that you get a proper dismissal filed, sent to the bank and recorded like a deed.
Answered on Apr 23rd, 2013 at 9:37 PM

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Richard hirsh
It is difficult to understand your problem without more detail. An attorney would have to review the foreclosure case and the order which was entered. Most likely the dismissal would permit the foreclosure to be refiled.
Answered on Apr 23rd, 2013 at 11:50 AM

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A little more detail would be helpful, but in short, a dismissal of a case means that there is no longer a foreclosure action against you or your home. The bank will need to start over from the beginning if they wish to foreclose.
Answered on Apr 23rd, 2013 at 11:49 AM

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I am confused why the court was even involved. Foreclosures are almost always non-judicial.
Answered on Apr 23rd, 2013 at 1:41 AM

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Yes, you should speak with an attorney. You don't say what the basis of the bank's lawsuit was. Has the foreclosure sale already occurred? If so, then you don't own the home any more and the bank's lawsuit was probably for "unlawful detainer" to have you evicted. If the trustee's sale has not yet occurred, then I don't know what the lawsuit could have been about. Were you served with a Summons and Complaint? If so, read the Complaint to find out the reason for the suit ("cause of action"). In any case, if the plaintiff in a lawsuit fails to appear, the judge dismisses the case. The dismissal constitutes a final judgment that fully concludes the case. However, you need to look at the order of dismissal to see whether it was "with prejudice" or "without prejudice." If the dismissal was with prejudice, the lender can never file another suit against you based on the same cause of action. If it was without prejudice, the lender can start over with a new action any time before the statute of limitations expires.
Answered on Apr 23rd, 2013 at 1:33 AM

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