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What is a Praecipe to discontinue and end without prejudice

Philadelphia, PA |

I have't heard from my mortgage company in three years, I tried to work thing out and I never heard anything, then I tried a loan modifcation then again I haven't heard anything. Now after almost 3 years I got a letter stated that they Praecipe to Discontinue and end without prejudice. What does that mean?

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Attorney answers 2


Hi there,

There must have been some legal proceedings instituted against you. The filing party wishes to discontinue the lawsuit, but keep the option open of refiling at a later date. That should not have been the first document you received, as it means there was a case instituted at some point. You could find out more by contacting the court clerk with the docket number stated on the document. There might have been a problem with the mortgage documentation or filing that they want to correct before proceeding. You can probably expect another suit shortly.

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Michael J. Duffy
Duffy Law, LLC


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This means the plaintiff in some civil action against you has withdrawn the lawsuit and closed the case. With foreclosures, there could have been a flaw in the paperwork (this was the case with many) and they will likely resolve the issue and refile in the future. There is nothing you need to do except wait for another lawsuit to be filed.

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