The plaintiff files a voluntary dismissal without prejudice. Does this mean that that the foreclosure process continues or it has to be re-filed again?
Any of your comments is warmly appreciated.
Without prejudice means that the case can be re-filed and the foreclosure can be again resumed. I suspect that there were some problems with the foreclousre filings so the lender's attorney thought best to start the process over.
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Real Estate Attorney
The voluntary dismissal without prejudice means the pending action is dismissed.
If the plaintiff at a later point in time determines that they wish to start the foreclosure process again, say a mortgage modification fails, they have the ability to do so.
Thusly, should the plaintiff decide in the future to restart the foreclosure process, it will have to refile a new suit and commence the process from scratch.