When can i ask a judge for a dismissal on a foreclosure case.

Asked over 1 year ago - Spring Hill, FL

last payment on property was 11 / 01 / 06 . lis pendens filed 02 / 20 / 08 . at that time they never submitted ownership doc until 09 / 22 / 08 . Note and reassignment was submitted 09 / 22 / 08 , with reassignment being a rob - signed doc . New law firm just took over case last Friday , so case is on hold for them to get " proper " paperwork . Want to ask for dismissal base on improper filing due to not proving ownership at time of foreclosure filing , including rob - signing , and statue of limitations on the note .

Attorney answers (4)

  1. Margery Ellen Golant

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is not a matter of timing, it is a matter of the procedural posture of the case. What has been filed so far ? Have you been defaulted ?

    You should consult a knowledgable foreclosure litigation to review what has gone on in the case and to evaluate what defenses can be raised and how to best raise them.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  2. Robert L Rutt

    Contributor Level 5

    1

    Lawyer agrees

    Answered . You need to seek a knowledgeable foreclosure attorney to review your entire case from the beginning up to where it is now. You may have certain defenses available to you if there is evidence of robo-signing. As to seeking a dismissal, usually the only requirement that the bank provide in the complaint, is a copy of note and mortgage. If those were not included, then you may be able to seek a dismissal, but you need to seek a foreclosure attorney to assist you in this. I would not recommend trying to fight this matter on your own. If you are interested, please call our office at (888) ME-HELP-YOU to set up a free consultation.

    This answer has been prepared for informational purposes only and does not constitute legal advice. The... more
  3. Andrew March Lyons

    Pro

    Contributor Level 8

    Answered . It may be that you have some very good defenses to the foreclosure action. If that is the case, and the matter can be dismissed, you may also be able to take advantage of the five year statute of limitations which may preclude the bank from ever suing or collecting on the note and mortgage. However, this will require an in depth review of what has been filed already in the case. It is strongly recommended that you seek the advice of an attorney here. Your case was started at a time when the bank may not have actually held the note at the time they filed the action, but again, this will depend upon a full review of the court filings.

  4. Charles Reiger Gallagher III

    Contributor Level 12

    Answered . You can always ask the judge for a dismissal, provided youhave legal or factual defenses which warrant dismissal. You really do need to secure an experienced foreclosure defense attorney. You are no more qualified to slice your own chest open and try heart surgery. Litigation is not something for on the job training, even more so when your home is at risk. What will you say to the judge to ask for a foreclosure? What case law will you argue? What facts will you ague? Have you filed any pleadings in the suit? Candidly, you dont know what you dont know, so it would be unwise to try to defend yourself.

    Please note that this answer is not intended as legal advice rather it is meant for informational and educational... more

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