How can i get quiet title or satisfaction of mortgage if the bank volontaraly dismissed its lawsuit against me

Asked over 4 years ago - Miami, FL

i was served a lis pendis about 2 years ago i filed a motion to dismiss pro se and when the bank could not provide the original documents i ask for a year and a half later they volontaraly dismissed the lawsuit against me ,but without prejudice

Attorney answers (2)

  1. Michael Alex Wasylik

    Contributor Level 14

    Answered . The dismissal without prejudice means that this lender could come back and attempt to re-file the foreclosure action later, within the five-year statute of limitations. Until that time, you probably have no legal basis for a quiet title action unless you can show that the mortgage is somehow invalid (which it may be).

    Five years after the "acceleration" of the Note, which is no later than the date the foreclosure was filed in most cases, the mortgage may no longer be enforced and no lender may file a new suit to foreclose. At that point, and probably not before, you would have grounds to quiet title.

    (Note that acceleration may have happened earlier, if you got an express acceleration notice.)

    It is very likely that this foreclosure action will be re-filed against you by a different attorney and perhaps even a different plaintiff. Be very careful from here on out and make sure to consult with an experienced foreclosure defense attorney if you do get served with another lawsuit.

  2. Andrew Daniel Myers

    Contributor Level 20

    Answered . The easier way to do this would be to write (certified, return receipt requested) to the bank requesting/demanding a release that you would record. If they fail, then file an action to quiet title, naming the bank and serving them.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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