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Showing results for tags 'foreclosure dismissed'.
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I got a call from my attorney the other day. He had great news. He said we won a motion to dismiss my foreclosure for lack of prosecution. They filed on me in March, 2008 and had not done a thing since. We also had a backup motion for lack of standing. Chase filed my foreclosure on March 28, 2008 but the assignment of my loan to Chase did not occur until June 21, 2008. One more kicker, the Florida Statute of Limitations expired on my case no later than March 28, 2013 so they cannot re-file the foreclosure even if they want to. Chase has 30 days from May 19th to appeal the dismissal but there are no grounds for an appeal. The Judge's hands were pretty much tied since there was absolutely no activity on the case and he did not make any procedural errors. He also told me that we can file for reimbursement of attorney fees since I was the prevailing party. We are going to file that motion on the 29th day so that we do not call the ticking clock on a potential appeal to anyone's attention. The questions I still have are: 1) Can I use the order from the court to get the foreclosure removed from my credit report? Does the line item get removed or will it now show a delinquent mortgage but without a foreclosure? What is the best way to do this? 2) How do I find out how long the lien will remain on my property? 3) Has anyone successfully filed and won a Quiet Title action? If so, how did you do it? 4) I have a second mortgage also with Chase that I stopped paying when they originally messed up my escrow accounts which was the basis for the whole mess. (I had a good case against them on its merits because of the way they misappropriated my escrow funds, then demanded that I re-fund the account to make up for their errors). I was not going to continue to pay payments on a second mortgage for a property that I might lose. The Date of Last Activity on my second mortgage was October, 2007. They have since sold/transferred that to a collection agency called RealTime Resolutions and they have made settlement offers and harassed me for about 5 years. Does the Statute of Limitations run from the Date of Last Activity on this account or do I need to find out if/when they accelerated that loan? How would I go about finding out the date of acceleration since it is not filed with the Clerk of Court? I would think they would have had to accelerate it to sell it to a collection agency. The second mortgage was fairly small ($25000). The value of the house is around $200K - $250K depending on how the market is doing. Can Chase turn around and foreclose on the second mortgage even though the DOLA is almost six years ago? I want to make sure I do this right. I do not want to go all this way and lose the house due to a stupid slip-up.
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- foreclosure dismissed
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