How Many Times Can a Foreclosure Be Dismissed

When a homeowner falls behind on his or her mortgage payments and doesn't make new arrangements with the lender, he or she risks foreclosure. In most cases, the lender tin't forbid on the property until they take filed a lawsuit and received permission from the court. If the court dismisses it, the lender has to either re-file the lawsuit or attempt to collect the property or mortgage payments another way.

What to Know About the Foreclosure Procedure

In Florida, a lender tin can't foreclose on a property without a courtroom order. If a homeowner hasn't made mortgage payments and the lender decides to foreclose the property, information technology usually files a complaint with the court. The homeowner then receives a re-create of the complaint and has a option to ignore it, answer it or file a move to dismiss it. During the hearing to review the complaint, the judge volition determine whether to continue with the foreclosure case or to dismiss it.

What to Know About a Dismissal

If a gauge decides to dismiss the foreclosure case, the lender tin't go on with the foreclosure procedure. The estimate might dismiss a foreclosure case if he or she doesn't believe the lender owns the mortgage or if he or she doesn't think the lender has followed the state's foreclosure process properly. The mortgage lender can also dismiss the foreclosure case if it notices that information technology has fabricated a fault during the procedure or if the homeowner has made arrangements to pay the debt.

What to Know About Post-Dismissal

If a judge decides to dismiss the foreclosure case because the mortgage lender fabricated a mistake or doesn't accept the power to file a lawsuit against the homeowner, the lender has to offset the legal process all over again. It's important to annotation, that information technology's possible to dismiss a foreclosure case in some states with prejudice, meaning that the mortgage lender can never re-file it. And some states limit the number of times a mortgage lender tin file a foreclosure example, fifty-fifty if the judge decides to dismiss it without prejudice. To acquire virtually Florida's laws regarding foreclosure cases, it'due south important to speak with a knowledgeable real estate attorney.

What to Know About a Voluntary Foreclosure

If a mortgage lender has decided to foreclose on the belongings, the homeowner tin can sometimes propose a voluntary foreclosure, known as a 'deed in lieu of foreclosure,' and asking that the lender dismiss the example. In well-nigh cases, a voluntary foreclosure doesn't touch on the homeowner'south credit, and it prevents a lender from filing a lawsuit if the monies from the sale of the holding don't comprehend all of the homeowner's debt. If you voluntary foreclose, yous waive the right to receive any turn a profit from the sale.

Stephen Thousand. Hachey can help you wade through this hard process to reach a positive solution. Call 813-549-0096 today!

***The opinions in this blog are those of the author whom takes total responsibility for the content. Like all other content on the site, this does not constitute legal advice and is for general data purposes only.***

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Source: https://floridarealestatelawyer.org/foreclosure-cases-dismissed/

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