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Foreclosure for over 5 years no short sale or bankruptcy and last year bank discharged full loan and released lien on property

Fort Myers, FL |

1st mortgage paid in full with second loan and then foreclosure started in 08 on second mortgage and short sale cancelled by bank twice then chase discharged full loan amount keep in mind she never filled bankruptcy and then bank release lien on property so now there is no liens on property at all then us bank tried to dismiss foreclosure case and judge denies bank is telling us house is ours free and clear and county recorder says no liens on house at all so how do I get them to close out foreclosure case if bank discharged loan and it does not show up on credit report or anything

Checked the clerk of courts and lien was released in November so no liens on property at all just open foreclosure case and why would they discharge the full amount of loan if she didn't file bankruptcy is what I was trying to ask sorry .Could it be possible it was part of chase settlement and since they released lien on house can they put it back on house or no since they discharged full loan sorry if im confusing anyone its my mother in laws house and she has hard time talking on phone and trying to figure out this because we are suppose to get house when she passes on One more thing to add is lawyer that was on case no longer holds case he said because Michael Watson firm got shut down

Attorney Answers 6

Posted

Since you have a complicated scenario, you would need an attorney to review the case and the entire background with you to see if your version is correct. As for how to get a case dismissed generally, both parties would need to sign a Stipulation dismissing the case.

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Posted

As my colleague mentions, there are a lot of moving parts to this one. Generally speaking, if a bank forgives a debt on the home they should be willing to sign a release or discharge of lien. They must have already filed something with the county or the lien would still show up. A Quiet title action may be in order, but an attorney will need to review everything because a lot of what you are saying here makes no sense. Who is "she"? And, what does whether or not "she" filed for bankruptcy have to do with anything??

My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts for disabled children and adults.

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Posted

Maybe it's as simple as doing a motion to dismiss. If you serve the various entities properly, attach the papers showing the releases, and they don't show up in court, what's the judge going to do? I would also call the attorney for the plaintiff. Find out if they instructed him to defend the motion to dismiss.

The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.

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Posted

If US Bank wants to drop the action with prejudice and say it has no right to foreclose, I can't imagine a judge would deny that motion. Therefore, it seems that there must be something else going on that was not made clear by your question.

Typically, if you both agree to the dismissal terms, a Stipulation is written up, signed by both parties, and filed. You might need to speak to an attorney directly, so that you can have a back and forth discussion to clarify all the details.

If this answer was Helpful or the Best Answer, please click above to let me know. Representing clients on Commercial & Residential Real Estate matters Statewide for over 13 years. Development / Purchasing / Leasing / Foreclosure / Eviction / HOA

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Posted

A dismissal of the case and release of lis pendens closes out a foreclosure case in court. However, you may need a real estate attorney to run title and make sure all liens and encumbrances are removed from your title. The mortgage does not disappear by virtue of the dismissal from your title, but rather with a satisfaction of mortgage and cancellation thereof. Speak to an experienced real estate attorney that can examine the title and provide knowledgeable advice. The first consult is always free.

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Posted

Typically a judge will deny a motion to voluntarily dismiss a case if a judgment of foreclosure has already been entered. The facts do not state if this has occurred. If a judgment has already been entered, some judges are of the opinion that the court no longer has jurisdiction to dismiss the action. There is a Florida statute that does allow a court to dismiss an action any time prior to a sale. Assuming the judgment has been entered, the motion to voluntarily dismiss the case would need to specify this statute and request the matter be dismissed.

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2 comments

Asker

Posted

Yes a judgment of foreclosure has already been entered so the plaintiff needs to be more informal when they enter again or can they even enter another motion to vacate and dismiss final judgment just be more detailed why they want to

Deanne Latosha Torres

Deanne Latosha Torres

Posted

Yes or you can have an attorney to file the motion on your behalf. You may contact me directly if you would like to discuss further.

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