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Voluntary Foreclosure Dismissal without prejudice.

North Bergen, NJ |

The plaintiff files a voluntary dismissal without prejudice. Does this mean that that the foreclosure process continues or it has to be re-filed again?

Any of your comments is warmly appreciated.

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Filed under: Foreclosure
Attorney answers 2


Without prejudice means that the case can be re-filed and the foreclosure can be again resumed. I suspect that there were some problems with the foreclousre filings so the lender's attorney thought best to start the process over.

Please note that this answer is not intended as legal advice rather it is meant for informational and educational purposes. No attorney-client relationship is created or is intended to be created by this answer. The answer relates to only Florida law. The facts of each legal matter or issue are different and you are urged to contact a licensed attorney to discuss the specific facts of your case and legal issues.


The voluntary dismissal without prejudice means the pending action is dismissed.

If the plaintiff at a later point in time determines that they wish to start the foreclosure process again, say a mortgage modification fails, they have the ability to do so.

Thusly, should the plaintiff decide in the future to restart the foreclosure process, it will have to refile a new suit and commence the process from scratch.