It can also be used as a response to foreclosure after mortgage lenders have initiated the foreclosure process. Common terms associated with foreclosure offense include counterclaims or loss mitigation. With foreclosure offense homeowners may try to take the legal offensive by pursuing proactive legal action to slow or stop the foreclosure process. In addition, in the case that homeowners were wrongly.
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In September 2011, the lender voluntarily dismissed without prejudice, and, in 2013, the borrower filed his action to quiet title, alleging that the five-year statute of limitations barred enforcement of the note or mortgage. 31 The trial court rejected the borrower’s assertion, holding that the lender could file a second foreclosure action.
FN:4. For convenience, we refer to the defendants collectively as "the County." FN:5. The County’s argument that the appeal was not timely is meritless. The final judgment in this case issued on April.
· Florida: Note and Mortgage Still Enforceable After Dismissal of Foreclosure Action. Bank of New York and Dorta v. Wilmington Trust Nat. Ass’n, both the Middle District and Southern District of Florida have held that the involuntary dismissal of a foreclosure action does not affect the enforceability of the note and mortgage,
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The ultimate goal of a mortgage or lien foreclosure is to eliminate the owner, as well as any junior interest holder’s rights to the foreclosed property. The foreclosing party can then sell the property at the foreclosure sale with a title “free and clear” of all subordinate interestsThe . foreclosure attorney.
On December 30, 2009 (following the default on the April 1, 2009 mortgage payment, and all payments thereafter), a foreclosure action was commenced. in 2012 seeking a judgment awarding him legal.
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