Falling behind on mortgage payments on your Florida home may cause some legitimate concerns about whether you will be able to retain your property. Once a foreclosure case has been filed, it may seem as if the process is on its way to completion. Events are not always straightforward, though, and under some circumstances, cases have been dismissed. SFGate.com explains that this may occur if the lender loses the promissory note on your loan.
During a judicial foreclosure in Florida, you may request that the lender provide paperwork that demonstrates the company owns your loan. Without these documents, there is no proof of the loan, and some argue that no foreclosure is then possible. The plaintiff loses the case if the court dismisses it with prejudice, and the case cannot be refiled based on the same evidence.
The default that has prompted the foreclosure and then been dismissed by the court cannot be the cause of another foreclosure suit when the case has been dismissed with prejudice. There may still be a lien against the property, though. To remove this, you may need to clear the title by filing a quiet title lawsuit.
If your case has been dismissed without prejudice, it is not necessarily over because the lender has the right to file another foreclosure case against you. Because each foreclosure is examined based on the facts relevant to that case alone, the outcomes may vary widely. This information is provided for general educational purposes only and should not be interpreted as legal advice.
