What is notice of dropping party filed by the plaintif, in a pending foreclosure ?

Asked almost 6 years ago - Fort Lauderdale, FL

My home is in foreclosure, I am concerned about the auction date. I keep checking the public records and a notice of dropping party was filed by the bank. What does this mean.

Attorney answers (1)

  1. Margery Ellen Golant

    Pro

    Contributor Level 20

    Answered . When the foreclosure law firm initiates the foreclosure case, they normally include several “fictional parties:, because they often don’t know if borrowers are married, or if there are tenants living in the property who they will evict at the end of the foreclosure case. So they include “unknown spouses” and “unknown tenants”. When the process servers make service, they ask the people they are serving for their names and who they are (are you the homeowner, are you a tenant, etc. ?). Then they attempt (not always correctly), to add up all the pieces to make sure that they have served everyone with an interest. If they conclude that there are no unknown spouses or unknown tenants, they are supposed to move to drop them. Normally that is what is going on, and it is not likely to have any substantive effect on named defendants.

    If there is not yet a court order granting summary judgment, I would urge you to do something substantive, other than watching the docket for the auction date. Once summary judgment is granted and an auction date set, it is too late to defend.

Related Topics

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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