Home > Legal > Research Legal Advice > Litigation > What does voluntary dismissal of defendants on a foreclosure case mean
-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
What does voluntary dismissal of defendants on a foreclosure case mean
Asked about 3 years ago - Margate, FL
received lis pendens 4/8/2009
filed response
Additional information
we filed a response to the summons//cc to lender wells fargo attny//they did voluntary dismissal of all parties then sent us a motion for summary judgement to occur 6/15/2009
we sent a certified letter to wells fargo requesting payment history// they signed but have not responded. they returned march's payment but kept april... we do not trust them and want time to sell we've tried to speak to lender but just get the run around cant afford attny wells fargo filed suit
we filed a response to the summons//cc to lender wells fargo attny//they did voluntary dismissal of all parties then sent us a motion for summary judgement to occur 6/15/2009
we sent a certified letter to wells fargo requesting payment history// they signed but have not responded. they returned march's payment but kept april... we do not trust them and want time to sell we've tried to speak to lender but just get the run around cant afford attny wells fargo filed suit
Attorney answers (3)
Best Answer
chosen by asker
chosen by asker
I respectfully disagree with the previous attorney's answer.
In almost all foreclosure cases, the plaintiff bank will name an unknown spouse or unknown tenants of a subject property as defendants. This is done in case those people actually exist. If they do not exist, and the plaintiff bank learns about this usually through the service of process or through investigation otherwise, they drop those parties as they do not actually exist.
For you, this means the bank is getting closer to filing for summary judgment and putting your home up for sale. If you have not filed responsive pleadings or hired an attorney, NOW is the time to do so.
In almost all foreclosure cases, the plaintiff bank will name an unknown spouse or unknown tenants of a subject property as defendants. This is done in case those people actually exist. If they do not exist, and the plaintiff bank learns about this usually through the service of process or through investigation otherwise, they drop those parties as they do not actually exist.
For you, this means the bank is getting closer to filing for summary judgment and putting your home up for sale. If you have not filed responsive pleadings or hired an attorney, NOW is the time to do so.
It depends on which defendants are being dismissed. Usually the foreclosure mills start their case by naming numerous "fictional defendants" (unknown spouses, unknown tenants). They do this "just in case". When they later learn that there are no such parties in a case, they move to dismiss or drop them.
Dismissal of the entire foreclosure "without prejudice" means they can refile any time they want. It temporarily ends the foreclosure, but changes nothing else. They sometimes do this if the loan being foreclosed is service transferred to another entity, who will use its own foreclosure mill firms to re-file the case.
Dismissal of the entire foreclosure "without prejudice" means they can refile any time they want. It temporarily ends the foreclosure, but changes nothing else. They sometimes do this if the loan being foreclosed is service transferred to another entity, who will use its own foreclosure mill firms to re-file the case.
It is impossible to answer your question without more information. Who filed the lawsuit? What are the claims for relief? What defendants were named? Which defendants were dismissed? In extremely broad terms, a voluntary dismissal -- with or without prejudice -- means that the defendant(s) dismissed is no longer a party to the lawsuit. It could be because they settled with the plaintiff. It could be because they persuaded the plaintiff that they were not proper parties to the lawsuit. It could be for other reasons.
