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What does FWOP NOTICE GENERATED mean in Miami?

Miami, FL |

I found this information about a FWOP notice on the clerk of courts in Miami under my case file to foreclose my house. There hasn't been any activity on our foreclosure case since September 2010 and just yesterday when I checked I found this notice that said FWOP notice generated and it has a date in January 2012. What does it mean? Can you please help?

Attorney Answers 3


A FWOP notice means the court and/or clerk is saying there has not been any activity on the case of the foreclosure of your house by the Plaintiff for at least 10 months. The courts don't like it when someone files a lawsuit, then does not work on the case.

If there is a hearing on this you NEED to go or have an attorney go in Miami. The court is about to dismiss the case for you, but if you don't show up or an attorney does not show up, then the court may think you don't care and let the case of foreclosure against your Florida home go on.

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FWOP means “for want of prosecution.” A FWOP is a notice generated by a court when there has been no activity on a case for a set period of time, sometimes for over a year, depending on Florida law. If you or a lawyer does not pursue the case and it expires without any activity, then your foreclosure case may be dismissed “for want of prosecution.”

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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It means that the court will dismiss the case for lack of prosecution unless the bank does something to move the case along within 60 days. Don't get too excited though, even if its dismissed (which usually does not happen), the bank will have the opportunity to refile the lawsuit. If you don't already have an attorney, it would be a good time to get one. Usually when the FWOP notice is generated the bank does what needs to be done to finish the foreclosure. If you start fighting the case properly before they start moving things along, you may be able to save your home or at least stay in it much longer.

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