What does motion to vacate judgement and decree of foreclosure and motion to dismiss mean?

Asked about 4 years ago - Gary, IN

what is order vacating judgment and decree of foreclosure and entry of dismissal mean? Plaintiff's cause of action be dismissed without prejudice?

Attorney answers (3)

  1. Jeffery Michael Haupt

    Contributor Level 14

    Answered . Your question didn't really list that many specifics to give me a good idea of why the judgment order was vacated. A motion to vacate judgment generally means exactly what it says in that one party is asking the court to vacate the judgment and foreclosure of a property. Either side can ask for it, and have many reasons why they might do so. If the court does vacate the judgment and dismissed the action without prejudice, the plaintiff can file an action again.

  2. Rebecca Ann Taylor

    Contributor Level 12

    Answered . Hi, I am writing from a Florida perspective and am not licensed to practice law in Indiana, but the order should state whether the action and foreclosure were dismissed with or without prejudice. If it was dismissed with prejudice, then I believe that the Plaintiff cannot refile the claims contained in the foreclosure complaint. You may want to check as to whether the Plaintiff has filed an appeal of this order, in which the Plaintiff would be asking a superior court to reverse the order.

  3. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    Answered . To supplement my colleagues' responses, a dismissal without prejudice means that the case can be refiled after the dismissal. In most states, there is a rule that 2 dismissals of the same action = a dismissal with prejudice.

    You really should consult with an IN attorney to determine what the ramifications are for you in this scenario.

    Good luck.

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