Sounds like your grandfather has a case given the history of events as you describe them. To really analyze this case you should speak with a reputable personal injury lawyer in your area to discuss the situation in much more detail. A good attorney will review the incidents step by step and the medicals to really verify if it is worth perusing a case.
The dismissal of your foreclosure does not remove the lien from your property. If the action was dismissed without prejudice, the bank will likely soon refile it. However, even if it was dismissed with prejudice, the lien must be removed and the mortgage discharged via a seperate action.
Whether or not you have an actionable claim will depend on the severity of the injuries you and your son sustained. Without a severe enough injury, you may mke pass the no fault threshold required in this type of case. I would advise you to contact an attorney as soon as possible to determine if and how to proceed.
As my colleagues correctly state, the underlying debt has been discharged in the bankruptcy. Your lenders only recourse is against the property secured by the mortgage. Your husband's other real property is not jeapordized by your default.
I agree with my colleague. Regarding the foreclosure, it has nothing to do with your rights and obligations pursuant to any lease or rental agreement. Regarding the lack of a permit, you may be able to stir up problems for your landlord (who is likely already going to lose the property in foreclosure), but I doubt you have anything to gain in doing so. Your time in the property will not be extended by doing so.
There are many reasons a foreclosure case could be withdrawn after filing. There are a number of specific legal requirements that have been added to a residential foreclosure action since the current crisis began. Specifically, an affirmation must be provided by the plaintiff's attorney specifically swearing that they have verified the factual accuracy of the allegations in the complaint. They are often unable to provide such an affirmation based on the documents the bank provides, and...
As I stated in your first post on this issue:
" I agree with my colleague. Regarding the foreclosure, it has nothing to do with your rights and obligations pursuant to any lease or rental agreement. Regarding the lack of a permit, you may be able to stir up problems for your landlord (who is likely already going to lose the property in foreclosure), but I doubt you have anything to gain in doing so. Your time in the property will not be extended by doing so."
It is difficult to tell you how long you have to remain in the property without significantly more information; Do you have a rental agreement or lease with the current owner of the property, or are you simply paying month-to-month? How far into the foreclosure process is the current owner? I would highly recommend that you gather any relevant documents, and schedule a consultation with an attorney- whatever your situation is it is certainly in your best interest to know your options.
My colleague correctly states that you do not have an automatic right to submit reply papers here. Presumably, you made your argument for the relief requested in the papers supporting your Order to Show Cause. Given the dramatic difference in the time it takes to complete a foreclosure action with and without settlement conferences, and the resulting increased opportunity to obtain a loan modification or other loss mitigation workout, I would advise you to seriously consider retaining an...