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My forclosure case has been 3 years in court and lender hasn't been able to provide original note. How can i get case dismissed?

Miami, FL |

Every time case is about to be dismissed by court for lack of docket activity, plaintiff files anything to avoid case being dismissed. Initially they indicated in request for production of documents that note was lost. Then when a status report was requested, they filed a copy of the original note. When case about to be dismissed again with a FWOP plaintiff files a motion to set trial, notice of good cause. Another 8 months have passed by and no court activity. Case initially handled by David Stern law firm which no longer exist due to fraud and robo signing accusations. Case has been transferred to new law firm which has not moved case. What can i do to try to get case dismissed or pressure lender to modify loan if lost note before a judge maybe ignored.

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Attorney answers 1


If you have not already hired an attorney to assist you in this matter, you should do so. If you cannot afford an attorney, your local legal aid organization may be able to help you. Defending a foreclosure action can be a very complex process, and your best bet is to consult someone who has experience dealing with foreclosures.

If you have already hired an attorney, you should take this question to your attorney.

This answer is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. There may be relevant facts not included in the question that could change this answer. For specific advice, please consult with a licensed attorney in your jurisdiction.

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