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I received a Notice of Voluntary Dismissal WITHOUT Prejudice in a Florida foreclosure case. My question is do they have a time

Saint Cloud, FL |

frame in which they are able to refile the foreclosure?

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Filed under: Foreclosure
Attorney answers 2


They can file it at anytime. So if they chose to voluntarily dismiss it without prejudice they may be wanting to (1) file the foreclosure with the correct parties and/or (2) sue you over the Promissory Note because they believe they can collect on you based on the default of the debt.
If you are delinquent, they will catch up to you and file again. You just have more time to stay in the house.

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Generally speaking, the bank can refile anytime before the statute of limitations expires. In a foreclosure case, that is generally five years from the time you allegedly breached the agreement (stopped making payments). I must caution you though, sometimes statutes of limitations can vary because of the facts of a specific case (for instance if you are sued on behalf of an insolvent bank, Federal Law provides a longer limitations period) and/or if you make a promise to pay the debt, you may restart the limitation period from the date of that promise.

Good luck, I hope this helped.

This is not intended to constitute legal advice and does not create an attorney/client relationship, it is intended for informational purposes only.