My lender filed foreclosure 8/2007. I immediately hired and attorney and 5/2009 we met with a mediator and signed an agreement. Two weeks before my new payment was due, we had not heard from the bank with new payment or mortgage info. We filed a motion to enforce and the bank atty did not appear. The judge gave them 30 days to produce the documents for new mortgage, they did not comply. We filed a motion to dismiss 90 days later and motion was denied because the judge felt it was the ultimate penalty and gave them another 30 days, they failed again, but did send me modification docs, which I did not want. We filed another motion to dismiss and the judge did dismiss with prejudice and Plaintiff (the bank) taking nothing. Now what? My attorney left his firm shortly after the dismiss.Today someone who said they worked for the bank stopped by to make sure the house was owner occupied. I have no idea why this happened out of the blue.
This is something that you should ask your lawyer about rather than seeking advice on an online forum. It is likely that your case was dismissed "without prejudice" rather than "with prejudice." If it was dismissed without prejudice. If five years has passed since your last payment, your lawyer can bring an action to quiet title against the bank. Your lawyer will be able to advise you how to proceed.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
It sounds like the bank is going to re-file a foreclosure action if they came by to inspect the property. Most mortgages are held in a securitized trust and there are anywhere from 5 to 12 banks involved in the process from originating the mortgage to assigning it to the trust. There is no guarantee that if one of these banks was unsuccessful another one involved in the process will not try to foreclose. Even though your attorney left his firm, he is still familiar with your case and either him or the firm he left should be able to advise you. You can get his contact information for the Florida Bar website www.floridabar.org.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
You can still contact your old attorney even if he left the firm. As far as hiring he or she, it would be a new fee because the money you paid went to the firm he/she worked for, but not him or her. Or, you can contact the firm that you hired. If you are 100% sure your case was dimissed WITH prejudice and you have been paying on the home loan, no one should be taking pictures. I would hire an attorney or bare minimum go look into the court file and see if the judges dismissal order was in fact written with prejudice. Maybe the judge said with prejudice, but accidentally wrote without prejudice. Hell maybe the guy came to your house and was looking for the wrong address--duh, but better be safe than sorry.
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