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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

Posted

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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www.mduffylaw.com

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Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.

Posted

This means the plaintiff in some civil action against you has withdrawn the lawsuit and closed the case.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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