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

Fort Lauderdale, FL |
Filed under: Foreclosure

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

Posted

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.

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2 comments

Asker

Posted

I am a party of an ongoing foreclosure. My brother passed away, and my name is on the deed to the property as survivor. I have attempted to contact the attorneys involved with the foreclosure, and was told that I need to contact the mortgager holder (as I am not on the loan). When I called the mortgage managing company in an attempt to intervein and save the property, the person I spoke to told me that he couldn't help me and wouldn't speak to me about what to do because I was not listed on the loan. Is there something I can do legally to have the company speak to me to try to resolve the mortgage. I would like to save the property for the 2 sons that survived my brother. You would think that this company would be helpful in my attempts as the mortgage is upside down, I'm confused as to what I can or should do next? Can you help me?

Margery Ellen Golant

Margery Ellen Golant

Posted

If the case is at the beginning, there definitely are things you can do, which would entail opening an estate for your brother. If you are his legal representative, the mortgage servicer will have to deal with you. You can also defend against foreclosure, which often helps to bring them to the table. Most of the mortgage servicers have little or no interest in working with borrowers or their survivors. That is why it is so important that people who do not want to let them run over them must find ways to fight back effectively, which always means getting a knowledgable foreclosure litigation on the team. Otherwise, you just get shoved around in circles, just as has been the case so far.

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