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Question about Dismissal with Prejudice

West Sacramento, CA |

I have a wrongful foreclosure cause of action against GMAC. GMAC filed for bankruptcy. So my attorney filed a lawsuit against Aurora (part of his strategy). Aurora filed an answer to the complaint and denied any liability, stating that GMAC was a separate entity, and Aurora had nothing to do with the lawsuit. I settled with Aurora for a nominal nuisance value, and the lawsuit was dismissed with prejudice. OCWEN now owns the note. Can I file a lawsuit against OCWEN for wrongful foreclosure? or am I SOL because of the dismissal with prejudice?

Attorney Answers 1

  1. SO you dismissed the lawsuit against GMAC with prejudice based on the settlement with Aurora - correct? You never amended the complaint to add Aurora either? If you never named OCWEN in the lawsuit then you are not SOL - UNLESS, your agreement with Aurora include all successors and assigns which is very common. You need to read the settlement document very carefully and also the basis of the settlement. If you have a different cause of action against OCWEN or an additional cause of action than you had against GMAC or Aurora then you can refile. Always read the documents and then research the state law - those are the keys to your answer.

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